HomeMy WebLinkAbout2017-0895.Smith.17-09-19 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# 2017-0895
UNION# 2017-0248-0022
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Smith) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Janice Johnston Arbitrator
FOR THE UNION John Wardell
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Greg Gledhill
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING September 14, 2017
- 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 Arbitrator 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 September 13 and 14, 2017 the parties at Hamilton Wentworth Detention
Centre participated in the Expedited Mediation-Arbitration process in accordance
with the negotiated protocol. A number of grievances were settled through that
process. However, this grievance remained unresolved and required a decision.
[3] The grievor is the local union President and the issue in this case pertains to
presidential leave. In accordance with Minutes of Settlement pertaining to an
earlier grievance, the grievor filled out and submitted a request for presidential
leave form for the last four hours of a twelve hour shift on June 4, 2017.
[4] However due to a clerical error the grievor was not informed that his request was
approved. On the day in question although he was told he could have the time off
he was not comfortable taking the time. As a remedy he is requesting eight hours
of overtime.
[5] I do not feel that eight hours of overtime is an appropriate remedy in this case.
However to ensure that this does not occur again it seems to me that once the
leave is approved, it makes sense for the employer to return to the grievor a copy
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of the form with an indication on it that it has been approved. That will ensure that
there can be no doubt as to whether or not the leave has been agreed to.
Dated at Toronto, Ontario this 19th day of September 2017.
Janice Johnston, Arbitrator