HomeMy WebLinkAbout2010-3091.Black.12-07-03 DecisionCrown 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#2010-3091
UNION#2011-0530-0007
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Black) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Deborah J.D. Leighton Vice-Chair
FOR THE UNION Laura Josephson
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Victoria Fichtenbaum
Ministry of Government Services
Centre for Employee Relations
Employee Relations Advisor
HEARING June 13, 2012.
- 2 -
Decision
[1] Ms. Laura Black, a correctional officer at the Toronto Jail, grieved on February 16, 2011,
that the employer breached Articles 2.1 and 3.1 of the collective agreement by not
continuing an accommodation for family status first approved in 2009 and effective
February 23, 2009. She seeks full redress, including lost overtime opportunities. The
employer submitted that Ms. Black was accorded a series of accommodations for family
status between February 23, 2009 and April 10, 2011 and it had not violated the
collective agreement or the Ontario Human Rights Code.
[2] 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. They asked that I issue a decision without
precedent or prejudice, and without written reasons.
[3] Having carefully considered the submissions of the parties, as well as the jurisprudence
of the Board, I hereby deny the grievance.
Dated at Toronto this 3rd day of July 2012.
Deborah J.D. Leighton, Vice-Chair