HomeMy WebLinkAbout2021-0212.Bouchard.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# 2021-0212
UNION# 2020-0369-0021
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Bouchard) 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] Lisa Bouchard, a Correctional Officer 2, at Central North Correctional Centre,
grieved on August 24, 2020, that the employer breached Article 25 of the
collective agreement, the Human Rights Code, and any other applicable law,
when it denied her request for six compassionate leave days to care for her
daughter after emergency surgery, and when she was unable to find anyone else
to care for her daughter. She seeks compensation for the lost wages and
damages.
[2] The employer submitted that there was no breach of the collective agreement.
The grievor was granted three days for the emergency surgery, and therefore the
grievance should be dismissed.
[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 grant the grievance in part. I
have decided not to order damages. However, the employer is ordered to pay
the grievor for lost wages for six days, minus ordinary deductions.
Dated at Toronto, Ontario, this 20th day of August, 2021.
“D.J.D. Leighton”
_______________________
D.J.D. Leighton, Arbitrator