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HomeMy WebLinkAbout2016-0909.Petri.16-10-19 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#2016-0909 UNION#2016-0616-0004 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Petri) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Janice Johnston Vice-Chair FOR THE UNION John Wardell Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Caroline Markiewicz Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor HEARING October 13, 2016 - 2 - Decision [1] The Employer and the Union agreed to participate in the Expedited Mediation- Arbitration process in accordance with the negotiated protocol. The majority of the grievances are normally settled pursuant to that process. However, if a grievance remains unresolved the protocol provides that the Vice Chair of the Board, based on the evidence provided during the mediation session, will immediately decide the grievance. The decision will be without reasons, without precedent and prejudice and will be issued within fifteen working days of the mediation unless the parties agree otherwise. [2] On October 12/13, 2016 the parties at North Bay Jail agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated protocol. [3] The grievor filed a grievance dated March 10, 2016 claiming that the Employer violated the collective agreement by unfairly issuing to her a letter of reprimand dated March 1, 2016 and declaring her awol when she did not report to work after having requested time off work to care for her spouse who was suffering complications after having had knee surgery. Pursuant to Article 24.2 of the collective agreement an employee is entitled to Family Medical Leave and Personal Emergency Leave in accordance with The Employment Standards Act. [4] After having carefully considered the submissions of the parties I hereby find the actions of the employer in declaring the grievor awol and disciplining her to be a violation of the collective agreement and direct the employer to immediately remove the letter of reprimand from the grievor’s file. Disciplining an employee in the circumstances of this case was heavy handed and is not an appropriate response. Dated at Toronto, Ontario this 19th day of October 2016 Janice Johnston, Vice Chair