HomeMy WebLinkAbout2020-0586.Caryk.20-10-21 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# 2020-0586; 2020-1090
UNION# 2020-0369-0003; 2020-0369-0011
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Caryk) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE
D.J.D. Leighton
Arbitrator
FOR THE UNION
Dan Sidsworth and Gregg Gray
Ontario Public Service Employees Union
Grievance Officers
FOR THE EMPLOYER James Cheng and Daniel DiCroce
Treasury Board Secretariat
Employee Relations Advisors
HEARING July 21, 2020 (by videoconference)
-2-
DECISION
[1] Mr. Peter Caryk, Correctional Officer 2 at Central North Correctional Centre, filed two
grievances on February 4 and May 22, 2020, alleging that the employer breached
Articles 2, 49 and 75 of the collective agreement. The grievances allege that the
employer failed to consider relevant factors and his personal circumstances when
denying his request for special and compassionate leave on January 12 and May 4,
respectively. He seeks pay for both 12 hour shifts as discretionary days.
[2] The employer submitted that the employer considered the requests in good faith,
based on the information provided by the grievor. The employer submits further that
it exercised the discretion to assess the requests for leave appropriately and there
has been no breach of the collective agreement.
[3] The parties referred this grievance to mediation/arbitration in accordance with Article
22.16 of the collective agreement. At the outset of the hearing, the parties agreed
that I had the jurisdiction to deal with this matter. They asked that I issue a decision
without precedent or prejudice, and without written reasons.
[4] Having carefully considered, the submissions of the parties on the grievances, as well
as the jurisprudence of the Board, I hereby grant the first grievance in part and deny
the second. Thus, I hereby direct the employer to pay six (6) hours to the grievor, as
one half of a discretionary day.
Dated at Toronto, Ontario this 21st day of October, 2020.
“D.J.D Leighton”
_____________________
D.J.D. Leighton, Arbitrator