HomeMy WebLinkAbout2012-2951.Garcia.13-03-20 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#2012-2951
UNION#2012-0252-0011
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Garcia) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Felicity D. Briggs Vice-Chair
FOR THE UNION Tim Mulhall
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Greg Gledhill
Ministry of Government Services
Centre for Employee Relations
Staff Relations Officer
HEARING March 6 & 7, 2013.
-2 -
Decision
[1] The Employer and the Union at the Niagara Detention Centre agreed to participate in the
Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. Some
of the grievances were settled through that process. However, a few grievances remained
unresolved and therefore require a decision from this Board. The Protocol provides that
decisions will be issued within a relatively short period of time after the actual mediation
sessions and will be without reasons. Further, the decision is to be without prejudice and
precedent.
[2] Ms. Melissa Garcia applied for three compassionate days when her spouse who was living in
Cuba was given permission to enter Canada. She learned of his approval on August 15, 2012
and asked for August 17, 18 and 19 as leaves days. She wanted to go to Cuba and assist her
spouse to prepare for and accompany him on his journey to this country. Her leave request
was denied.
[3] Her leave was denied by the Employer because it did “not meet the requirements needed for
me to grant special and compassionate days.” Neither the grievor nor this Board was
provided with an understanding as to what the necessary “requirements” are.
[4] After considering the facts, documents and submissions made in this matter, the grievance is
upheld.
[5] I remain seized.
Dated in Toronto this 20th day of March 2013.
Felicity D. Briggs, Vice Chair