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HomeMy WebLinkAbout2006-0479.Jessop.06-07-25 Decision Crown Employees Commission de Nj Grievance Settlement reglement des griefs Board des employes de la Couronne ~ Suite 600 Bureau 600 Ontario 180 Dundas Sl. West 180 rue Dundas Ouest Toronto Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tel. (416) 326-1388 Fax (416) 326-1396 Telec. (416) 326-1396 GSB# 2006-0479 UNION# 2005-0517-0079 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Jessop) Union - and - The Crown III RIght of Ontano (Mimstry ofCommumty Safety and CorrectIOnal ServIces) Employer BEFORE Barry Stephens Vice-Chair FOR THE UNION Scott Andrews Gnevance Officer Ontano PublIc ServIce Employees Umon FOR THE EMPLOYER Faith Crocker Staff RelatIOns Officer Mimstry of Commumty Safety and CorrectIOnal ServIces HEARING June 20 2006 2 DeCISIon The partIes have agreed to an ExpedIted MedIatIOn-ArbItratIOn Protocol It IS not necessary to reproduce the entIre Protocol here Suffice It to say that the partIes have agreed to an "True MedIatIOn-ArbItratIOn" process, whereIn each provIdes the VIce-chair wIth submIssIOns, whIch Include the facts and authontIes each relIes upon. The process adopted by the partIes provIdes for a canvaSSIng of the facts dunng the medIatIOn phase, although the VIce-chair has the dIscretIOn to request further InformatIOn or documentatIOn. ArbItratIOn decIsIOns are Issued In accordance wIth ArtIcle 22 16 of the collectIve agreement, wIthout reasons, and are wIthout preJudIce or precedent. The gnevance In thIS case relates to the gnevor's claim for a speCIal and compaSSIOnate leave for Fnday Apnl 8 2006 Ms Jessop requested the leave so that she could attend a servIce held for Pope John Paul II. The umon submIts that the leave request was appropnate, gIven the relIgIOus sIgmficance of the death of a pope The employer responds that, after consIdenng the request, they determIned that speCIal and compaSSIOnate leave was not appropnate, as the day dId not COInCIde wIth the recogmzed relIgIOUS holIdays for Roman CatholIcs The gnevor was granted a vacatIOn day to accommodate her desIre to attend the event In questIOn. 3 After reVIeWIng the submIssIOns of the partIes and the collectIve agreement, It IS my conclusIOn that the gnevance should be dIsmIssed. Dated ~t Toronto thIS 25th day of July 2006