HomeMy WebLinkAbout2005-0693.Herechuk.06-10-12 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# 2005-0693
UNION# 2005-0248-0042
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Herechuk)
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 Mary-Jo Knappett
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
HEARING
May 24, 2006
SUBMISSIONS
September 1, 2006.
2
Decision
INTRODUCTION
The parties have agreed to a Med-Arb Protocol, signed February 27, 2006. 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 ?True Mediation-Arbi tration? process, wherein each provides the vice-chair with
submissions, which include the facts and author ities each relies upon. The process adopted by
the parties provides for a canvassing of the fact s during the mediation ph ase under the Protocol.
Arbitration decisions are issued in accordance with Article 22.16 of the collective agreement,
without reasons, and are without prejudice or preceden t. The parties were unable to resolve this
matter in mediation. Accordingly, the matte r has been referred to me as a True
Mediation/Arbitration deci sion under the Protocol.
At the beginning of the session on May 24, 2006, it was determined that the union had not
provided the employer with full or appropriate Ap pendix B?s, as required under the Protocol, and
as a result, the employer had been unable to prepare appropriate Appendix C?s. I met with the
representatives of the parties, and it was agreed the three-day mediati on session would proceed.
In order to assist the parties, I advised that the union would be expected to prepare appropriate
Appendix B?s prior to the discussion of any speci fic case. This they did, and, in the process,
numerous grievances were withdrawn by the uni on. The employer then reviewed each grievance,
and mediation was attempted. There were a number of grievances referred to arbitration, and the
employer was provided with a full opportunity to submit formal Appendix C?s after the session.
3
FACTS
The grievor claims he was improperly denied co mpassionate leave for Ma rch 9, 2005. He was
on vacation and scheduled to return at 10:00 p.m. on March 8. However, there was a delay in the
flight, and the grievor did not return home until 5:00 a.m. on March 9. He was in no condition to
report to work, and requested compassionate leave. In a letter dated March 16, 2005 the
employer stated that it ??contin ued to support?? the grievor?s d ecision to request to take the
shift off, the request for compassionate leave wa s denied on the basis that, ??the circumstance
provided does not qualify for cons ideration as special leave.? The grievor used lieu time to
cover the absence.
DECISION
The employer is ordered to reimburse the grievor?s lieu time credits in the amount of 12 hours. I
remain seized to deal with any issues ar ising from the implementation of this award.
th
Dated at Toronto, this 12 day of October, 2006.
________________________
Barry Stephens, Vice-Chair