HomeMy WebLinkAbout2018-3231.Smith.20-10-16 DecisionCrown 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# 2018-3231
UNION# 2018-0248-0154
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Smith) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE
Ian Anderson
Arbitrator
FOR THE UNION
Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Michelle LaButte
Treasury Board Secretariat
Employee Relations Advisor
HEARING October 14, 2020 (by videoconference)
-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 October 14 and 15, 2020 the parties at the Hamilton Wentworth Detention Centre
agreed to participate in the Expedited Mediation-Arbitration process in accordance
with the negotiated protocol.
[3] The Grievor was denied special and compassionate leave for an absence occasioned
by car difficulties. He alleges the only explanation for this can be that he was
previously the president of the Local. He seeks 12 hours at regular rates of pay for
the improper denial of the leave.
[4] Having considered the representations of the parties, I conclude there is no breach of
the collective agreement.
[5] Accordingly, the grievance is dismissed.
Dated at Toronto, Ontario this 16th day of October, 2020.
“Ian Anderson”
_____________________
Ian Anderson, Arbitrator