HomeMy WebLinkAbout2023-00347.Zingone.23-10-11 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
GSB# 2023-00347
UNION# 2023-0377-0007
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Zingone) Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario) Employer
BEFORE Reva Devins Arbitrator
FOR THE UNION Anjana Kashyap
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Laura Chartrand, HR Manager
Mark Mason
Kevin Charlebois
Liquor Control Board of Ontario
HEARING October 10, 2023
-2 -
Decision
[1] This matter proceeded as a mediation/arbitration, pursuant to s. 22.16 of the
Collective Agreement. The Grievor alleged that she was improperly denied a
request for bereavement leave under Article 18.2 of the Collective Agreement. The
Employer maintained that it was not obliged to approve her request because
December 27, the day in question, was already a scheduled day off.
[2] The Grievor was adamant that she did not request a day off and that she was
scheduled for a 5-hour shift on December 27. As proof, she maintained that she
always submitted her requests for time off through Workday, but no request was
submitted for this date. She added that she was unaware that she needed to
submit a request for bereavement leave in Workday.
[3] The Employer relied on statements from the Grievor’s managers, who remember
the Grievor asking for a day off in person, in mid-December. Junior employees
were available and the Grievor’s request was accommodated. In support of its
position, the Employer submitted schedules printed on December 9, 12 and 17 that
show a handwritten note, initialed by the manager, changing the Grievor’s
scheduled shift to a RDO and altering the schedules of two junior employees to
add a total of five hours to their shifts on December 27.
[4] I have considered the evidence and submissions of the parties and determined
that the Employer did not violate the Collective Agreement.
-3 -
[5] The grievance is therefore dismissed.
Dated at Toronto, Ontario this 11th day of October 2023.
“Reva Devin”
Reva Devins, Arbitrator