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HomeMy WebLinkAbout2018-3653.Armvert.21-08-20 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# 2018-3653 UNION# 2018-0369-0091 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Armvert) 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 Daniel DiCroce Treasury Board Secretariat Employee Relations Advisor HEARING DATE May 13, 2021 - 2 - DECISION [1] Shelley Armvert, a Nurse, at Central North Correctional Centre, grieved on November 1, 2018, that the employer breached the collective agreement and any other applicable law, when it denied her request for a 12 month leave of absence to teach at a college. [2] The employer submitted that there was no breach of the collective agreement as the Ministry has the discretion to consider such requests, but no obligation to grant them. [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 and asked that I issue a decision without precedential value, and without written reasons. [4] Having carefully considered, the submissions of the parties on the grievance, as well as the jurisprudence of the Board, I hereby dismiss the grievance. Dated at Toronto, Ontario, this 20th day of August, 2021. “D.J.D. Leighton” _______________________ D.J.D. Leighton, Arbitrator