HomeMy WebLinkAbout2019-1351.Jarabe.21-01-11 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# 2019-1351
UNION# 2019-0222-0003
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Jarabe) Union
- and -
The Crown in Right of Ontario
(Ministry of Education) Employer
BEFORE Diane L. Gee Arbitrator
FOR THE UNION Andrew Mindszenthy
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Braden MacLean
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING January 8, 2021
- 2 -
Decision
[1] This is grievance arising out of the Employer’s denial of the Grievor’s request for a
paid leave of absence.
[2] Article 22.16 of the collective agreement governs this proceeding. That article
reads as follows:
22.16 MEDIATION/ARBITRATION PROCEDURE
22.16.1 Except for grievances concerning dismissal, sexual harassment,
and/or human rights, and Union grievances with corporate policy implications, all
grievances shall proceed through the GSB to a single mediator/arbitrator for the
purpose of resolving the grievance in an expeditious and informal manner.
22.16.2 The mediator/arbitrator shall endeavour to assist the parties to
settle the grievance by mediation. If the parties are unable to settle the
grievance by mediation, the mediator/arbitrator shall determine the grievance by
arbitration. When determining the grievance by arbitration, the
mediator/arbitrator may limit the nature and extent of the evidence and may
impose such conditions as he or she considers appropriate. The
mediator/arbitrator shall give a succinct decision within five (five) days after
completing proceedings unless the parties agree otherwise.
…
22.16.7 Decisions reached through the mediation/arbitration process shall
have no precedential value unless the parties agree otherwise.
[3] Pursuant to Article 22.16.7, this decision has no precedential value.
[4] Having heard the submissions of the parties and following my review of the
documents provided by the Union on behalf of the Grievor, I order the Employer to
pay to the Grievor, within 60 days of this decision, two days wages at the wage
rate in effect as of the date of her request for the paid leave of absence that forms
the basis of this grievance.
Dated at Toronto, Ontario this 11th day of January, 2021.
“Diane L. Gee”
________________________
Diane L. Gee, Arbitrator