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HomeMy WebLinkAbout2014-0165.To.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#2014-0165 UNION#2014-0510-0005 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (To) 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. Lilian To, a Customer Service Representative, in Family Court, Ontario Courts of Justice, 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, 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. When the grievor learned that the employees might be sent to the Jarvis Street or Finch offices, she advised the supervisor that she feared for her health and safety and went home. [2] The employer submitted that there was no violation of the collective agreement. The employer provided taxi chits to those going to the Jarvis Street office. 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