HomeMy WebLinkAbout2019-0380.Mangat.20-02-14 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# 2019-0380
UNION# 2019-5112-0053
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Mangat) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Ian Anderson Arbitrator
FOR THE UNION Gregg Gray
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Sia Romanidis
Treasury Board Secretariat
Employer Relations Advisor
HEARING February 5 & 6, 2020
- 2 -
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 February 5 and 6, 2020 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 grievance relates to a decision by the Employer to deny the Grievor’s request
for compassionate leave.
[4] Having considered the representations of the parties, I conclude the Employer
failed to obtain the information required to exercise its discretion appropriately.
[5] Accordingly, the grievance is allowed. The matter is remitted to the Employer to
re-consider the Grievor’s request and determine whether or not to grant the
compassionate leave.
Dated at Toronto, Ontario this 14th day of February, 2020.
“Ian Anderson”
Ian Anderson, Arbitrator