HomeMy WebLinkAbout2017-1165.Canning.18-04-26 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB# 2017-1165
UNION# 2017-0368-0249
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Canning) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Brian Sheehan Arbitrator
FOR THE UNION Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Sia Romanidis
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING April 12, 2018
-2-
Decision
[1] The Employer and the Union at the Central East Correctional Centre agreed to
participate in the Expedited Mediation/Arbitration process in accordance with the
negotiated Protocol. It is not necessary to reproduce the entire Protocol. Suffice to say,
that the parties have agreed to a True Mediation/Arbitration process wherein each party
provides the Arbitrator with their submissions setting out the facts and the authorities
they respectively will rely upon. This decision is issued in accordance with the Protocol
and with Article 22.16 of the collective agreement; and it is without prejudice or
precedent.
[2] The facts in this matter are straightforward and not in dispute.
[3] The grievor is employed as a Rehabilitation Officer at the Central East
Correctional Centre.
[4] On June 7, 2017, the grievor attended a Correctional Services Recognition
Ceremony in Kingston, whereupon she received recognition for her years of service with
the Employer.
[5] The gist of the grievance is that the grievor seeks to be compensated for her
attendance at the June 7, 2017 ceremony, notwithstanding the fact that this day was a
regular day off from work for the grievor.
[6] The grievor’s husband, who also works at the the Central East Correctional
Centre, attended the recognition ceremony as the grievor’s guest. As he was scheduled
to work on the day in question, he was paid for that day by utilizing a credited leave day.
-3-
[7] The grievor was also subsequently paid for the mileage expense associated with
her travel to and from Kingston on the day in question.
[8] While at one level the view of the grievor that she should be compensated for
attending a ceremony conducted by the Employer recognizing her years of service is
appreciated, it is my view that the decision of the Employer not to pay her for the day in
question is reasonable; and more importantly, does not, in any manner, constitute a
violation of the collective agreement. In this regard, the day in question was a regular
day off for the grievor and her attendance at the recognition ceremony was not
mandated or ordered by the Employer. There is, therefore, no basis to suggest that she
was “at work” or working on behalf of the Employer on June 7, 2017; and as such, she
is not entitled to be compensated by the Employer for her attendance at the recognition
ceremony.
[9] In light of the above reasoning, the grievance is, hereby, dismissed.
Dated at Toronto, Ontario this 26th day of April, 2018.
“Brian Sheehan”
Brian Sheehan, Arbitrator