HomeMy WebLinkAbout2020-0315.Russell.20-11-03 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# 2020-0315
UNION# 2020-0290-0005
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Russell) Union
- and -
The Crown in Right of Ontario
(Ministry of Children, Community and Social Services) Employer
BEFORE
Ian Anderson
Arbitrator
FOR THE UNION
Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Karen Martin
Treasury Board Secretariat
Employee Relations Advisor
HEARING October 27, 2020 (by videoconference)
-2-
DECISION
[1] This decision is issued in accordance with Article 22.16 of the collective agreement,
and is without precedent. The parties agreed to proceed on the basis of
representations and submissions and have requested a decision without reasons.
[2] At the time the grievance was filed, the Grievor was employed as a Youth Services
Officer on a fixed term contract basis. In accordance with Article 31A.6, a percentage
of his gross pay was added to his regular pay in lieu of vacation with pay. He
requested unpaid vacation leave in 2019 and was denied. In the result, the Grievor did
not take time off as vacation in 2019. The grievance before me alleges the denial of
the unpaid vacation leave constitutes a breach of the collective agreement and
applicable statues. As remedy, it seeks a declaration and damages.
[3] Having considered the representations and submissions of the parties, I am satisfied
that the denial of unpaid vacation leave to the Grievor in 2019 was in breach of the
collective agreement and the Employment Standards Act, 2000, and I so declare.
[4] The Grievor became a full time permanent employee in 2020. The Employer advises
that he was credited with 52 weeks for 2019 for the purposes of calculating his
continuous service date under Article 18 when he became a full time employee. Given
this, I make no award of damages.
Dated at Toronto, Ontario this 3rd day of November, 2020.
“Ian Anderson”
_____________________
Ian Anderson, Arbitrator