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HomeMy WebLinkAbout2006-0647.Lavictoire.07-03-06 Decision Crown Employees Grievance Settlement Board Commission de reglement des griefs des employes de la Couronne Nj ~ Ontario Suite 600 180 Dundas Sl. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tel. : (416) 326-1388 Telec. : (416) 326-1396 GSB# 2006-0647,2006-0648 UNION# 2006-0229-0007,2006-0229-0008 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Lavictoire) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Barry Stephens Vice-Chair FOR THE UNION Stephen Giles and Scott Andrews Grievance Officers Ontario Public Service Employees Union FOR THE EMPLOYER Pauline Jones and Faith Crocker Staff Relations Officers Ministry of Community Safety and Correctional Services HEARING February 19,20 & 21, 2007. DEADLINE FOR WRITTEN SUBMISSIONS March 2, 2007. 2 Decision INTRODUCTION The Ministry and OPSEU have agreed to a Med-Arb Protocol, signed February 27, 2006. Although OCI is not one of the institutions covered by the protocol, the parties agreed on February 19,2007 to be bound by the terms of the protocol for this session. 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-Arbitration" process, wherein each provides the vice-chair with submissions, which include the facts and authorities each relies upon. The process adopted by the parties provides for a canvassing of the facts during the mediation phase under the Protocol. Arbitration decisions are issued 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. Accordingly, the matter has been referred to me as a True Mediation/Arbitration decision under the Protocol. FACTS The grievances relate to the grievor's claim for compassionate leave. The grievor had applied for, and was granted, bereavement leave to attend the funeral of his uncle. In addition, he applied for compassionate leave in order to account for the fact that he was required to drive his parents to the funeral, which was held in Quebec. The grievor seeks payment of the compassionate leave and also requests that the employer commit to adhere to a policy with respect to the application for and approval of compassionate leave in future cases. 3 The employer denied the compassionate leave on the grounds that the bereavement leave provIsIOn in the collective agreement addresses the Issue of travel time for bereavement in Article 48.3, which reads: 48.3 In addition to the foregoing, an employee shall be allowed up to two (2) days' leave of absence without pay to attend the funeral of a relative listed in Articles 48.1 and 48.2 above if the location of the funeral is greater than eight hundred kilometers (800 km) from the employee's residence. The employer states that it already follows written Ministry guidelines when considering requests for compassionate leave. DECISION The grievances are dismissed. Dated at Toronto, this 6th day of March, 2007. Barry