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HomeMy WebLinkAbout2005-0424.Fitzpatrick.06-10-11 Decision Commission de Crown Employees Grievance Settlement règlement des griefs Board des employés de la Couronne Suite 600 Bureau 600 180 Dundas St. West 180, rue Dundas Ouest Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tél. : (416) 326-1388 Fax (416) 326-1396 Téléc. : (416) 326-1396 GSB# 2005-0424 UNION# 2004-0530-0015 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Fitzpatrick) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Vice-Chair Barry Stephens FOR THE UNION Scott Andrews Grievance Officer Ontario Public Service Employees Union FOR THE EMPLOYER Karen Martin & Faith Crocker Staff Relations Officers Ministry of Community Safety and Correctional Services HEARING September 28, 2006. 2 Decision INTRODUCTION The parties have agreed to a Med-Arb Protocol, signed February 27, 2006. Although the Toronto Jail was not specifically covered by that protocol, at the outset of our session on September 27, 2006, both the union and the employer agr eed to follow the protocol as closely as possible. It is not necessary to reproduce the entire Protocol here. Suffice it to say that, as part of the Protocol, the parties have agreed to a ?Tru e Mediation-Arbitration? process, wherein each provides the vice-chair with s ubmissions, which include the fact s and authorities each relies upon. The process adopted by the parties provid es for a canvassing of the facts during the mediation phase under the Protocol. Arbitration decisions are issu ed in accordance with Article 22.16 of the collective agreement, without reasons, and are without prejudice or precedent. The parties were unable to resolve this matter in mediation. A ccordingly, the matter has been referred to me as a True Mediation/Arbitration decision under the Protocol. FACTS The grievor seeks payment for January 15, 2004 as a day of special or compassionate leave. The night before the shift in question the weather was particularly cold and the grievor?s car failed to start. She called CAA, and was advised that they would not be able to come to her assistance until some time the next morning. She lives in Betheny, Ontario, which is a small town near Peterborough. She states public transportation is not readily available from her area. The employer takes the position that the circumstan ces are not such as to justify compassionate leave. The grievor is re sponsible for arranging her transportati on to and from work. She is also 3 responsible for maintaining her car in proper working order, pa rticularly given where she has chosen to live, and her dependence on the car as her sole means of transportation. DECISION The grievance is dismissed. th Dated at Toronto, this 11 day of October, 2006. ________________________ Barry Stephens, Vice-Chair