HomeMy WebLinkAbout2011-0416.Rae.13-01-31 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#2011-0416, 2011-0417
UNION#2010-0368-0160, 2010-0368-0161
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Rae) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Brian P. Sheehan Vice-Chair
FOR THE UNION Scott Andrews
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Gary Wylie
Ministry of Government Services
Centre for Employee Relations
Eastern Regional Office
Staff Relations Officer
HEARING January 23, 2013.
- 2 -
Decision
[1] The Employer and the Union at the Central East Detention Centre agreed to
participate in the Expedited Mediation-Arbitration process in accordance with the
negotiated Protocol. It is not necessary to reproduce the entire Protocol. Suffice to say
that the parties have agreed to a True Mediation-Arbitration process wherein each party
provides the Vice-Chair with their submissions setting out the facts and the authorities
they respectively rely 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 grievor is a Correctional Officer who filed two grievances related to a request
for compassionate leave associated with the death of his father.
[3] The grievor’s father suffered an aneurysm in 2010. At that time, the grievor was
granted two days of compassionate leave to be with his father, pursuant to Article 49 of
the collective agreement; which provides that an employee may be granted a leave of
absence with pay for not more than three days in a year upon special or compassionate
grounds.
[4] Unfortunately the grievor’s father did not recover from the aneurysm and he
remained in hospital in Owen Sound. Later in 2010, the grievor was contacted by a
family member and advised that he should immediately travel to Owen Sound as his
father’s health had taken a turn for the worse. The grievor contacted the Employer and
advised that he needed to be booked off sick for his next three scheduled shifts. The
grievor’s father passed away the following day. The grievor was granted the three sick
- 3 -
days in addition to his full entitlement to bereavement leave under the collective
agreement prior to his return to work.
[5] Grievance 2010-0368-0160 is a request by the grievor to treat the three days of
sick leave as compassionate days.
[6] The grievor subsequently filed a complaint under the Workplace Discrimination
and Harassment Prevention (WDHP) policy regarding the failure of the Employer to
grant him compassionate leave for the three days in question. Grievance
2010-0368-0161 relates to an assertion that the grievor’s complaint was mishandled by
those individuals responsible for administering the WDHP policy.
[7] After reviewing the facts and the submissions of the parties it is my conclusion
that grievance 2010-0368-0161 should be dismissed. It is, however, my determination
that grievance 2010-0368-0160 should be upheld to the extent that the grievor should
have been granted one more day of compassionate leave. The Employer, therefore, is
ordered to make the necessary adjustments associated with altering one of the sick
days utilized by the grievor to a compassionate leave day.
Dated at Toronto this 31st day of January 2013.
___________________________
Brian P. Sheehan, Vice-Chair