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HomeMy WebLinkAbout2008-2262.Matwichuk.09-04-02 Decision Commission de Crown Employees Grievance Settlement règlement des griefs Board des employés de la Couronne Suite 600 Bureau 600 180 Dundas St. West 180, rue Dundas Ouest Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tél. : (416) 326-1388 Fax (416) 326-1396 Téléc. : (416) 326-1396 GSB#2008-2262 UNION#2007-0582-0203 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Matwichuk) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFOREVice-Chair Deborah J.D. Leighton FOR THE UNION Stacey Zafiriadis Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Diane Cotton Ministry of Community Safety and Correctional Services Manager ? Client Services HEARINGMarch 25, 2009. 2 Decision [1]Mr. David Matwichuk, a correctional officer at the Toronto East Detention Centre, grieved on October 17, 2007, that management violated Article 49 of the collective agreement, when it denied his request for three days leave of absence for special and compassionate grounds because he was getting married. The employer denied that it had violated the collective agreement and noted that the employer has the discretion whether to grant this leave or not. The test in such cases is whether the employer has considered the request and the reasons for it. The employer submitted that it had carefully considered the request and given all the circumstance it denied the leave. [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 and they asked that I issue a decision without written reasons in accord with the provisions for expedited hearings under Article 22.16. [3]Having carefully considered the submissions of the parties, as well as the jurisprudence of the Board, I hereby dismiss this grievance. nd Dated at Toronto this 2 day of April 2009. Deborah J.D. Leighton, Vice-Chair