HomeMy WebLinkAbout2008-0700.Troy.10-03-19 Decision
Commission de
Crown Employees
Grievance
règlement des griefs
Settlement Board
des employés de la
Couronne
Suite 600 Bureau 600
180 Dundas St. West 180, rue Dundas Ouest
Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 Tél. : (416) 326-1388
Fax (416) 326-1396 Téléc. : (416) 326-1396
GSB#2008-0700
UNION#2008-0368-0048
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Troy)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Barry Stephens
FOR THE UNION
Scott Andrews, Frank Inglis
Grievance Officers
Ontario Public Service Employees Union
FOR THE EMPLOYER
Gary Wylie, Laura McCready, Bart Nowak
Staff Relations Officers
Ministry of Community Safety and
Correctional Services
HEARINGMarch 4, 2010.
- 2 -
Decision
[1]The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not
necessary to reproduce the entire Protocol here. Suffice it to say that the parties have agreed to a
?True Mediation-Arbitration? process, wherein each provides the Vice-Chair with submissions,
which include the facts and authorities each relies upon. This decision is issued in accordance
with the Protocol and with Article 22.16 of the collective agreement, and is without prejudice or
precedent.
[2]The grievor requested special and compassionate leave for his scheduled 0700-1900 shift
on March 9, 2008, as a result of the fact that there was a snowstorm on that day and the snow
removal in his area was slow due to a strike affecting his community. The employer denied the
request on the basis that other employees made it to work, and there was no evidence the grievor
made an effort to attend work.
[3]After reviewing the submissions of the parties and the collective agreement, it is my
conclusion that the grievor should be award six (6) hours pay.
th
Dated at Toronto this 19 day of March 2010.
Barry Stephens, Vice-Chair