Loading...
HomeMy WebLinkAbout2018-0537.Holloway.19-01-25 DecisionCrown 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# 2018-0537 UNION# 2018-0229-0009 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Holloway) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE D.J.D. Leighton Arbitrator FOR THE UNION Gregg Gray Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER David Marincola / Samantha Gray Treasury Board Secretariat Employee Relations Advisor / Labour Relations Intern HEARING November 7, 2018 -2- DECISION [1] Ms. Tracey Holloway, a Correctional Officer 2 at Ontario Correctional Institute, filed a grievance on February 10, 2018, alleging that the employer breached Articles 2 and 3 of the collective agreement. The grievor requested seven days of leave to care for a hospitalized family member. The employer granted her three days under Article 49, Special and Compassionate, but denied her request for four days of leave pursuant to Article 25.1 Special Leave. The employer took the position that the decision to deny the leave under Article 25.1 was made in good faith, free from arbitrariness and discrimination. Thus, there has been no breach of the collective agreement and the grievance should be dismissed. [2] The parties referred this grievance to mediation/arbitration in accordance with Article 22.16 of the collective agreement. At the outset of the hearing, the parties agreed that I had the jurisdiction to deal with this matter. They asked that I issue a decision without precedent or prejudice, and without written reasons. [3] Having carefully considered the evidence put before me including documents submitted by the union and the employer, the submissions of the parties on the grievance, as well as the jurisprudence of the Board, I hereby deny the grievance. Dated at Toronto, Ontario this 25th day of January, 2019. “D.J.D. Leighton” ______________________ D.J.D. Leighton, Arbitrator