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HomeMy WebLinkAbout2014-0055.Kerr.14-10-17 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#2014-0055 UNION#2014-0510-0003 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Kerr) Union - and - The Crown in Right of Ontario (Ministry of Attorney General) Employer BEFORE Deborah J.D. Leighton Vice-Chair FOR THE UNION Seung Chi Ontario Public Service Employees Grievance Officer FOR THE EMPLOYER Kathryn DuBois Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor Stephanie Borcsok Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor HEARING October 9, 2014 - 2 - Decision [1] Ms. Kathline Kerr, a Customer Service Representative, in Toronto Small Claims Court, filed a grievance on January 28, 2014, alleging that the employer breached Articles 2, 9, 21 and 25 of the collective agreement. The union alleges that the employer wrongly denied her request for special and compassionate leave for December 23 and 24, 2013. The grievor attended at work on December 23, 2013 but the building had no power. She and others were advised to standby in a restaurant until the employer decided whether to send them to an alternate workplace. The grievor went home at 10 a.m. Employees were told to report to the Jarvis Street office at 10:30. The grievor attended at work on December 24, 2013 because no one called her to tell her where to report and the building was still without power she went home. She said that she forgot about the emergency hot line for information updates. [2] The employer submitted that there was no violation of the collective agreement. The grievor should not have gone home on December 23 and should have accessed the emergency hotline for information of where to report on December 24. The Ministry said that it carefully assessed each request for compassionate leave--some 90 applications—and decided pursuant to its management rights to deny the grievor’s leave request. [3] 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. [4] Having carefully considered the submissions of the parties, as well as the jurisprudence of the Board, I hereby deny the grievance. Dated at Toronto, Ontario this 17th day of October 2014. Deborah J.D. Leighton, Vice-Chair