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HomeMy WebLinkAbout2020-0315.Russell.20-11-03 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# 2020-0315 UNION# 2020-0290-0005 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Russell) Union - and - The Crown in Right of Ontario (Ministry of Children, Community and Social Services) Employer BEFORE Ian Anderson Arbitrator FOR THE UNION Dan Sidsworth Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Karen Martin Treasury Board Secretariat Employee Relations Advisor HEARING October 27, 2020 (by videoconference) -2- DECISION [1] This decision is issued in accordance with Article 22.16 of the collective agreement, and is without precedent. The parties agreed to proceed on the basis of representations and submissions and have requested a decision without reasons. [2] At the time the grievance was filed, the Grievor was employed as a Youth Services Officer on a fixed term contract basis. In accordance with Article 31A.6, a percentage of his gross pay was added to his regular pay in lieu of vacation with pay. He requested unpaid vacation leave in 2019 and was denied. In the result, the Grievor did not take time off as vacation in 2019. The grievance before me alleges the denial of the unpaid vacation leave constitutes a breach of the collective agreement and applicable statues. As remedy, it seeks a declaration and damages. [3] Having considered the representations and submissions of the parties, I am satisfied that the denial of unpaid vacation leave to the Grievor in 2019 was in breach of the collective agreement and the Employment Standards Act, 2000, and I so declare. [4] The Grievor became a full time permanent employee in 2020. The Employer advises that he was credited with 52 weeks for 2019 for the purposes of calculating his continuous service date under Article 18 when he became a full time employee. Given this, I make no award of damages. Dated at Toronto, Ontario this 3rd day of November, 2020. “Ian Anderson” _____________________ Ian Anderson, Arbitrator