HomeMy WebLinkAbout2013-4425.Sherry.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#2013-4425
UNION#2014-0510-0002
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Sherry) 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] Mr. George Sherry, a Customer Service Representative, in the Ontario Courts of Justice,
Family Division, filed a grievance on January 27, 2014, alleging that the employer
breached Articles 2, 9, 21 and 25 of the collective agreement. The union alleges that the
employer wrongly denied his request for special and compassionate leave for December 23
and 24, 2013. The grievor was unable to get to work because of an ice storm. The employer
submitted that there was no violation of the collective agreement. It had carefully assessed
each request for compassionate leave--some 90 applications—and decided pursuant to its
management rights to deny the grievor’s leave request.
[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 hereby deny the grievance.
Dated at Toronto, Ontario this 17th day of October 2014.
Deborah J.D. Leighton, Vice-Chair