HomeMy WebLinkAbout2014-3670.Hawkes.15-10-08 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#2014-3670, 2014-4553, 2015-0851
UNION#2014-0219-0002, 2015-0219-0001, 2015-0219-0004
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Hawkes) Union
- and -
The Crown in Right of Ontario
(Ministry of the Attorney General) Employer
BEFORE Gail Misra Vice-Chair
FOR THE UNION Nicole Mihajolovic
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Anna Press
Treasury Board Secretariat
Employee Relations Advisor
HEARING October 2, 2015
2
Decision
[1] The parties referred this Grievance to mediation/arbitration in accordance with
Article 22.16 of the collective agreement. At the outset of the proceeding 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.
[2] Ms. Valerie Hawkes, a Provincial Prosecutor in the Central West Region, filed
three grievances dated September 8, 2014, January 5, 2015 and April 15, 2015,
all of which allege breaches of Articles 2 and 12 of the collective agreement. The
grievances generally allege that by denying her meal claims while she is
travelling, the Employer is acting in a manner that is arbitrary, discriminatory and
in bad faith. The grievances also claim a breach of the Travel, Meal and
Hospitality Expenses Directive. By way of remedy, the Grievor is seeking to be
made whole for her losses; she is also seeking damages; and wants the
Employer to stop limiting meal benefits.
[3] Having reviewed the documents presented, and carefully considered the
submissions of the parties, I am of the view that these grievances and this
proceeding should be resolved by my issuing the following direction:
The meal claims that are the subject of the three grievances are remitted back to
the Employer in order that they may be considered in accordance with the
language of the collective agreement and the Travel, Meal and Hospitality
Expenses Directive.
[4] I am not seized.
Dated at Toronto, Ontario this 8th day of October 2015.
Gail Misra, Vice-Chair