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HomeMy WebLinkAbout2014-0298.McCarthy.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#2014-0298 UNION#2014-0510-0007 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (McCarthy) 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. Brendan McCarthy, a Customer Service Representative, in Toronto Small Claims Court, filed a grievance on January 30, 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 24, 2013. The grievor had attended at the work place but the building was closed because it had no power, as it had been the day before when a security guard for the building advised him to go home. The grievor was unaware that employees were assigned to another location. He had no knowledge of the emergency hotline for information as to where to report to work. [2] 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. [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 grant the grievance and order the employer to reimburse the grievor for his loss of any pay or benefits on December 24, 2013. Dated at Toronto, Ontario this 17th day of October 2014. Deborah J.D. Leighton, Vice-Chair