HomeMy WebLinkAbout2018-2432.Hastie et al.19-11-13 Decision
Crown Employees Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB# 2018-2431
UNION# 2018-5112-0158
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Hastie et al) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Ian Anderson Arbitrator
FOR THE UNION John Wardell
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER James Cheng
Treasury Board Secretariat
Employer Relations Advisor
HEARING November 4, 2019
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Decision
1. The Employer and the Union agreed to participate in the Expedited Mediation-
Arbitration process in accordance with the negotiated protocol. The majority of the
grievances are normally settled pursuant to that process. However, if a grievance
remains unresolved the protocol provides that an Arbitrator of the Board, based on
the evidence provided during the mediation session, will immediately decide the
grievance. The decision will be without reasons, without precedent and prejudice
and will be issued within fifteen working days of the mediation unless the parties
agree otherwise.
2. On November 4 and 5, 2019 the parties at the Toronto South Detention Centre
agreed to participate in the Expedited Mediation-Arbitration process in accordance
with the negotiated protocol.
3. This Group grievance alleges failure of the Employer to accrue sick leave credits for
FXT correctional officers during “off weeks” during the period June 1, 2017 to
August 31, 2018. It first came on for hearing under the Expedited Mediation-
Arbitration process on February 19, 2019. At that time, the Employer agreed to
provide the Union with the attendance records covering the relevant period for all
individuals listed in the Group grievance; and the Union agreed to provide the
Employer with full particulars of any alleged miscalculation for attendance credits for
the period in question. The Employer provided the Union with the relevant records.
Jon Hastie, a Local representative, sent emails to each member of the Group on
July 23 and September 15, 2019 seeking information as to any alleged
miscalculation during the relevant period. Only two members responded: Connor
Slogan and Kerri Palmer.
4. With respect to Connor Slogan, I find he was entitled to 1.25 sick leave credits in
relation to the month of April, 2019 which were not properly accrued at the time. To
that extent, the grievance is allowed. I note the Employer states the credits have
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now been allocated to Connor Slogan’s sick leave bank.
5. With respect to Kerri Palmer, having considered the representations of the parties, I
am satisfied there was no failure to properly accrue sick leave credits. With respect
to the other members of the Group, there is nothing to show a failure to properly
accrue sick leave credits in relation to the relevant period of time. Therefore, other
than as noted above in relation to Connor Slogan, the grievance is dismissed.
Dated at Toronto, Ontario this 13th day of November 2019.
“Ian Anderson”
Ian Anderson, Arbitrator