HomeMy WebLinkAbout2011-1355.Smith.12-12-14 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#2011-1355
UNION#2011-0234-0077
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Smith) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Barry Stephens Vice-Chair
FOR THE UNION Tim Mulhall
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Buky Adeoye
Ministry of Government Services
Centre for Employee Relations
Employee Relations Advisor
HEARING December 13, 2012.
- 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 grievance relates to the grievor’s request for compassionate under Article 25 around
the time of the death of her mother. The grievor requested, and was granted three days of
bereavement leave, and three days of compassionate leave. She requested a further five days
of compassionate leave in order to deal with the issues related to the settlement of the estate.
The employer denied the request on the basis that the reason for the requested leave given the
absence of factors indicating an urgent or compelling need to resolve the estate issues on the
five days in question.
[3] After reviewing the submissions of the parties and the collective agreement, it is my
conclusion that the grievance should be dismissed.
Dated at Toronto this 14th day of December 2012.
Barry Stephens, Vice-Chair