HomeMy WebLinkAbout2022-3314.Perault.23-01-18 Decision
Crown 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#2022-3314
UNION#2022-0430-0009
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Perault) Union
- and -
The Crown in Right of Ontario
(Ministry of Public and Business Service Delivery) Employer
BEFORE Annie McKendy Arbitrator
FOR THE UNION Robin Lostracco
Ontario Public Service Employees Union
Senior Grievance Officer
FOR THE EMPLOYER Jordan Brezer
Treasury Board Secretariat
Legal Services Branch
Employee Relations Advisor
HEARING January 16, 2023
-2-
Decision
[1] This grievance alleges that the Employer violated articles 2 and 49 of the
collective agreement by unjustly denying the grievor’s request for Special and
Compassionate Leave on January 17, 2022. The grievor asserted that it was his
intention to attend work, but adverse weather conditions prevented him from
doing so.
[2] The hearing was conducted as a mediation/arbitration in accordance with the
terms of s. 22.16 of the collective agreement. The parties agreed that they would
provide brief submissions and that I would render an oral decision with brief
reasons. In accordance with the collective agreement, this decision confirms the
oral decision and is issued with only limited reasons. While it is binding on the
parties, it is without prejudice or precedent to any future matters between them.
[3] The employer denied the request for Special and Compassionate Leave and
considered, among other factors, the grievor’s proximity to the workplace, the
fact that public safety officials had only recommended against non-essential
travel, the availability of other modes of transportation, and the fact that the office
remained open. Having considered the Grievor’s explanation, the consideration
of these factors was reasonable in the circumstances.
[4] After hearing the submissions of the parties, it is my determination that the
grievance is dismissed.
Dated at Toronto, Ontario this 18th day of January, 2023
“Annie McKendy”
_________________________
Annie McKendy, Arbitrator