HomeMy WebLinkAbout2021-1340.Coffin.21-11-03 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
GSB# 2021-1340
UNION# 2021-0252-0020
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Coffin) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE
Ian Anderson
Arbitrator
FOR THE UNION
Gregg Gray
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Michael Kuk
Treasury Board Secretariat
Employee Relations Advisor
HEARING October 28, 2021
-2-
DECISION
[1] The Employer and the Union agreed to participate in the Expedited Mediation-
Arbitration process in accordance with the negotiated protocol. The majority of the
grievances are normally settled pursuant to that process. However, if a grievance
remains unresolved the protocol provides that an Arbitrator of the Board, based on
the evidence provided during the mediation session, will immediately decide the
grievance. The decision will be without reasons, without precedent and prejudice
and will be issued within fifteen working days of the mediation unless the parties
agree otherwise.
[2] The Grievor is a correctional officer. In July, 2021, the Grievor filed a request to
use some of his banked compensatory time off earned from working overtime to
take August 27, 28 and 29, 2021 off. He was scheduled to work a T9 shift on each
of those days. His request was denied by the Scheduling Manager. On or about
June 17, 2021, the Scheduling Manager had approved a request submitted by
another correction officer (with less seniority) to use compensatory time off earned
from working to take the same three days off. That correctional officer had been
scheduled to work a T19 shift on each of those days. The grievance alleges the
Scheduling Manager’s decision was discriminatory and in breach of the policy
governing the granting of compensatory time off. There is no such applicable
policy. There is no direct evidence of discrimination. During the hearing, the
Union asserted this was a case of harassment. There is also no direct evidence of
harassment.
[3] Having considered the representations of the parties, the grievances are denied.
Dated at Toronto, Ontario this 3rd day of November 2021.
“Ian Anderson”
______________________
Ian Anderson - Arbitrator