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HomeMy WebLinkAbout2019-1351.Jarabe.21-01-11 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# 2019-1351 UNION# 2019-0222-0003 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Jarabe) Union - and - The Crown in Right of Ontario (Ministry of Education) Employer BEFORE Diane L. Gee Arbitrator FOR THE UNION Andrew Mindszenthy Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Braden MacLean Treasury Board Secretariat Legal Services Branch Counsel HEARING January 8, 2021 - 2 - Decision [1] This is grievance arising out of the Employer’s denial of the Grievor’s request for a paid leave of absence. [2] Article 22.16 of the collective agreement governs this proceeding. That article reads as follows: 22.16 MEDIATION/ARBITRATION PROCEDURE 22.16.1 Except for grievances concerning dismissal, sexual harassment, and/or human rights, and Union grievances with corporate policy implications, all grievances shall proceed through the GSB to a single mediator/arbitrator for the purpose of resolving the grievance in an expeditious and informal manner. 22.16.2 The mediator/arbitrator shall endeavour to assist the parties to settle the grievance by mediation. If the parties are unable to settle the grievance by mediation, the mediator/arbitrator shall determine the grievance by arbitration. When determining the grievance by arbitration, the mediator/arbitrator may limit the nature and extent of the evidence and may impose such conditions as he or she considers appropriate. The mediator/arbitrator shall give a succinct decision within five (five) days after completing proceedings unless the parties agree otherwise. … 22.16.7 Decisions reached through the mediation/arbitration process shall have no precedential value unless the parties agree otherwise. [3] Pursuant to Article 22.16.7, this decision has no precedential value. [4] Having heard the submissions of the parties and following my review of the documents provided by the Union on behalf of the Grievor, I order the Employer to pay to the Grievor, within 60 days of this decision, two days wages at the wage rate in effect as of the date of her request for the paid leave of absence that forms the basis of this grievance. Dated at Toronto, Ontario this 11th day of January, 2021. “Diane L. Gee” ________________________ Diane L. Gee, Arbitrator