HomeMy WebLinkAboutBaker 10-03-11
BETWEEN:
ARBITRATOR:
EMPLOYER COUNSEL:
UNION COUNSEL:
*- 2009- O%? -(jJJ2
IN THE MATTER OF AN ARBITRATION UNDER
THE ONTARIO LABOUR RELATIONS ACT
THE CORPORATION OF
THE COUNTY OF FRONTENAC
(lithe Employer")
AND
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
("the Union")
GRIEVANCE RE UNPAID LEAVE OF ABSENCE
AWARD
BARRY STEPHENS
MARK H. MASON, Hicks, Morley, Hamilton
PEGGY E. SMITH, legal Counsel
Heard in Kingston, Ontario on March 11, 2010
Decision Released March 11, 2010
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MAR 2 6 2010
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CONSENT ORDER
This matter came before me for hearing on March 11, 2010. After hearing from
the parties I reached the conclusion that, although I was not provided with any
evidence of a breach of the collective agreement, there were sound labour
relations reasons to look at revisions to the employer's leave of absence policy in
order to provide greater clarity for the future. As a result, with the consent of the
parties, I hereby order as follows:
1. The employer's Policy with respect to Time Off Requests shall be
amended at page 2, under "Leave of Absence - Not covered
under ESA, 2000", to read:
"The Department Head may grant leave of absence for non-
contracted requests on a case-by-case basis if:
b) has no unscheduled vacation, lieu days or time owing
unless exempted by the employer in its sole discretion, in
accordance with any applicable collective agreement
provision"
2. I shall remain seized to deal with any issues arising from the
implementation, interpretation or alleged violation of this consent
order.
Dated at Hamilton, this 11th day of March, 2010,
}
Barry Stephen ;-A'rbitrator