HomeMy WebLinkAbout2018-3653.Armvert.21-08-20 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# 2018-3653
UNION# 2018-0369-0091
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Armvert) 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
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Daniel DiCroce
Treasury Board Secretariat
Employee Relations Advisor
HEARING DATE May 13, 2021
- 2 -
DECISION
[1] Shelley Armvert, a Nurse, at Central North Correctional Centre, grieved on
November 1, 2018, that the employer breached the collective agreement and any
other applicable law, when it denied her request for a 12 month leave of absence
to teach at a college.
[2] The employer submitted that there was no breach of the collective agreement as
the Ministry has the discretion to consider such requests, but no obligation to
grant them.
[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 and asked that I issue a
decision without precedential value, and without written reasons.
[4] Having carefully considered, the submissions of the parties on the grievance, as
well as the jurisprudence of the Board, I hereby dismiss the grievance.
Dated at Toronto, Ontario, this 20th day of August, 2021.
“D.J.D. Leighton”
_______________________
D.J.D. Leighton, Arbitrator