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HomeMy WebLinkAbout1998-1034.Mrozek.01-03-23 Order o NTARI 0 EMPLOYES DE LA COL'RONNE CROWN EMPLOYEES DE L 'ONTARIO . . GRIEVANCE COMMISSION DE SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST SUITE 600, TORONTO ON M5G 128 TELEPHONEITELEPHONE, (416) 326-1388 180 RUE DUNDAS OUEST BUREAU 600, TORONTO (ON) M5G 128 FACSIMILE/TELECOPIE. (416) 326-1396 GSB #1 034/98 OPSEU#98C412 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Befo re THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Mrozek) Grievor - and - The Crown in Right of Ontario (Ministry of Transportation) Employer BEFORE Loretta Mikus Vice Chair FOR THE Ms Robin Gordon GRIEVOR Grievance Officer Ontario Public Service Employees Union FOR THE Suneel Bahal, Counsel EMPLOYER Legal Services Branch Management Board Secretariat HEARING March 7, 2001 ORDER The gnevor, Bruno Mrozek, receIved a surplus letter m November of 1996 and elected to be bndged to ills reTIrement date of October 1998 To do so he was granted a leave of absence Without pay from May 24, 1997 to May 23, 1998 At the TIme of hIS eleCTIon he was told that he would have to use up all of hIS vacaTIon cremts, approXimately 32.5 days, before the end of the calendar year In fact, that was an error, whIch was qwckly corrected, and he was later told he would have to use up 12.5 days before he began ills leave of absence m May He did so but subsequently filed a gnevance m Janumy of 1998 allegmg that he was forced to take hIS vacaTIon contrary to the colleCTIve agreement. The Employer took the pOSITIOn that thIS gnevance was filed outSIde of the TIme hrmts m the colleCTIve agreement and should be msrmssed. After consIdenng the eVIdence of the gnevor, mcluding ills reasons for the delay m filmg ills gnevance, I find that the gnevance was mdeed filed 18 months after the events glVlng nse to It and that there are msufficIent grounds for me to exerCIse my discreTIon and extend the TIme hrmts. The gnevance IS therefore msrmssed. Dated at Toronto, tills 23rd day of March, 2001 Loretta Mikus, Vice-ChaIr