HomeMy WebLinkAbout2015-2710.Knowles.16-09-16 Decision
Crown 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#2015-2710
UNION#2015-0582-0036
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Knowles) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Deborah J.D. Leighton Vice-Chair
FOR THE UNION Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Daniel DiCroce
Treasury Board Secretariat
Centre for Employee Relations
Labour Relations Analyst
Laura McDonald
Treasury Board Secretariat
Centre for Employee Relations
HEARING September 13, 2016
- 2 -
Decision
[1] Ms. Sarah Knowles, a Correctional Officer at the Toronto East Detention Centre,
filed a grievance on November 23, 2015, alleging that the employer breached the
collective agreement when it unreasonably denied a request for compassionate
leave on October 27, 2015. She seeks, inter alia, to be made whole. The employer
submitted that there was no violation of the collective agreement or the Code.
[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] There was no evidence or argument made to support a violation of Article 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 16th day of September 2016
Deborah J.D. Leighton, Vice Chair