HomeMy WebLinkAbout2016-1916.Jessop.19-09-16 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#2016-1916
UNION#2016-5112-0132
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Jessop) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE D.J.D. Leighton Arbitrator
FOR THE UNION Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER James Cheng
Treasury Board Secretariat
Employee Relations Advisor
HEARING May 8, 2019
- 2 -
Decision
[1] Mr. Alain Jessop, an OAG 8 at the Toronto South Detention Centre, filed a
grievance on November 2, 2016, which proceeded to a hearing on May 8, 2019.
The grievance alleges that the employer violated Articles 2, 3 and 6, by not
approving adequate compensation for the time to travel to attend a job interview
for a Ministry position at Central North Correctional Centre in Penetanguishene.
[2] The employer approved 4 hours under Article 6.4. The union submitted that this
was not enough, given it took 2 hours just to get to CNCC from TSDC, and 2
hours to return. This did not provide time for the interview. The grievor was
advised by the employer that additional time “will have to be vacation or unpaid.”
As a result, the grievor did not attend the interview.
[3] The employer noted that the grievor was approved for compensation of 4 hours
and submitted that there was no breach of the collective agreement.
[4] 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 hear this matter and asked that I issue a
decision without precedent or prejudice, and without written reasons.
[5] Having carefully considered the submissions of the parties, as well as the
jurisprudence of the Board, I hereby find and so declare that the employer
breached Article 6.4 of the collective agreement, which provides that “an
applicant who is invited to attend an interview within the regular service shall be
granted time off with no loss of pay and with no loss of credits to attend the
interview, provided that the time off does not unduly interfere with operating
requirements.” In the circumstances, an order of compensation is not warranted.
Dated at Toronto, Ontario this 16th day of September, 2019.
“D.J.D. Leighton”
D.J.D. Leighton, Arbitrator