Loading...
HomeMy WebLinkAbout2020-0586.Caryk.20-10-21 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# 2020-0586; 2020-1090 UNION# 2020-0369-0003; 2020-0369-0011 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Caryk) 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 and Gregg Gray Ontario Public Service Employees Union Grievance Officers FOR THE EMPLOYER James Cheng and Daniel DiCroce Treasury Board Secretariat Employee Relations Advisors HEARING July 21, 2020 (by videoconference) -2- DECISION [1] Mr. Peter Caryk, Correctional Officer 2 at Central North Correctional Centre, filed two grievances on February 4 and May 22, 2020, alleging that the employer breached Articles 2, 49 and 75 of the collective agreement. The grievances allege that the employer failed to consider relevant factors and his personal circumstances when denying his request for special and compassionate leave on January 12 and May 4, respectively. He seeks pay for both 12 hour shifts as discretionary days. [2] The employer submitted that the employer considered the requests in good faith, based on the information provided by the grievor. The employer submits further that it exercised the discretion to assess the requests for leave appropriately and there has been no breach of the collective agreement. [3] 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. [4] Having carefully considered, the submissions of the parties on the grievances, as well as the jurisprudence of the Board, I hereby grant the first grievance in part and deny the second. Thus, I hereby direct the employer to pay six (6) hours to the grievor, as one half of a discretionary day. Dated at Toronto, Ontario this 21st day of October, 2020. “D.J.D Leighton” _____________________ D.J.D. Leighton, Arbitrator