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HomeMy WebLinkAbout2005-2417.Baldwin et al.07-03-12 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# 2005-2417 UNION# 2005-0229-0024 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Baldwin et al.) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer Barry Stephens Vice-Chair BEFORE Stephen Giles and Scott Andrews Grievance Officers Ontario Public Service Employees Union FOR THE UNION Pauline Jones and Faith Crocker Staff Relations Officers Ministry of Community Safety and Correctional Services FOR THE EMPLOYER February 19,20 & 21, 2007. HEARING 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 This grievance was originally filed as a group grievance, with Ms. Kim Couper as the second grievor. Although Ms. Couper signed the grievance, I was advised that she withdrew her complaint prior to hearing, leaving only the issues raised by Ms. Baldwin. Ms. Baldwin is an unclassified employee. In September 2003 she began to experience serious illness with respect to a pregnancy, to the point where she could no longer work as many hours as she wished. This illness continued throughout her pregnancy, during which time she worked approximately 15 hours per week. As a result, the grievor could not work enough to qualify for 3 sick time, and her ability to qualify for EI was also affected. Her baby was born two months premature, and has medical issues that require special attention. On her return to work in 2005, the grievor requested time off to care for her son. She was advised that she could have time off but without pay. The grievor was granted three days compassionate leave in 2006. The grievance asserts that the grievor was not provided with sufficient consideration and time off to deal with her difficult pregnancy as well as her son's needs. The employer responds that the grievor has been provided with a temporary assignment that allows her to work preferable hours, and that it sought leave from the regional ministry office for further compassionate leave in 2006, but this was not approved. DECISION The grievor is to be granted three compensating days leave. Dated at Toronto, this lih day of March, 2007. Barry