HomeMy WebLinkAbout2021-3195. Breton.24-05-24 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# 2021-3195
UNION# 2022-0642-0011
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Breton) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Ian Anderson Arbitrator
FOR THE UNION Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Justin O'Gorman
Treasury Board Secretariat
Employee Relations Advisor
HEARING May 22, 2024
-2 -
Decision
[1] The Employer and the Union agreed to participate in the Expedited Mediation-
Arbitration process in accordance with the negotiated protocol. The majority of the
grievances are normally settled pursuant to that process. However, if a grievance
remains unresolved the protocol provides that an Arbitrator of the Board, based on
the evidence provided during the mediation session, will immediately decide the
grievance. The decision will be without reasons, without precedent and prejudice
and will be issued within fifteen working days of the mediation unless the parties
agree otherwise.
[2] The Grievor booked time off work for a vacation which included December 25 and
26, 2021. Prior to the commencement of the vacation, she was placed on COVID
paid leave for a period including the vacation. The Grievor seeks to have the
December 25 and 26, 2021 statutory holidays returned “to my bank”.
[3] Having considered the representations of the parties, I find no breach of the
collective agreement. The grievance is dismissed.
Dated at Toronto, Ontario this 24th day of May 2024.
“Ian Anderson”
Ian Anderson, Arbitrator