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HomeMy WebLinkAbout2011-2368.Gareau.13-06-19 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#2011-2368 UNION#2011-0582-0051 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Gareau) 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 Tim Mulhall Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Victoria Fichtenbaum Ministry of Government Services Centre for Employee Relations Employee Relations Officer HEARING February 21, 2013 - 2 - Decision [1] Mr. Conrad Gareau, a CO at the Toronto East Detention Centre, grieved on August 26, 2011 that the employer breached the collective agreement by denying his requests for special leave without pay on October 31, 2010, December 7, 2010 and April 4, 2011. The employer submitted it had not violated the collective agreement and the grievance was not timely. [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 find that there has been no violation of the collective agreement and hereby deny this grievance. Dated at Toronto, Ontario this 19th day of June 2013. Deborah J.D. Leighton, Vice-Chair