HomeMy WebLinkAbout2023.01152.Inzirillo.23-11-15 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# 2023-01152
UNION# 2023-0234-0152
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Inzirillo) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Brian P. Sheehan Arbitrator
FOR THE UNION Richard Dionne
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Jennifer Charlton
Treasury Board Secretariat
Employee Relations Advisor
HEARING November 8, 2023
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Decision
[1] The Employer and the Union at the Maplehurst Correctional Complex (Maplehurst)
agreed to participate in the Expedited Mediation/Arbitration process in accordance
with the negotiated Protocol. It is not necessary to reproduce the entire Protocol.
Suffice to say, that the parties have agreed to a True Mediation/Arbitration process
wherein each party provides the Arbitrator with their submissions setting out the
facts and the authorities they respectively will rely upon. This decision is issued in
accordance with the Protocol and with Article 22.16 of the collective agreement;
and it is without prejudice or precedent.
[2] Gabriela Inzirillo (the “grievor”) is a Fixed Term Correctional Officer employed at
Maplehurst.
[3] In May 2021, the grievor commenced a pregnancy leave pursuant to Article 31A.9.
of the collective agreement.
[4] A Fixed Term Correctional Officer is potentially entitled to receive attendance
credits while on a pregnancy leave pursuant to Article 31A.8.1:
Employees who work thirty-six and one-quarter (36¼) or forty (40)
hours per week shall earn attendance credits of one and one
quarter (1¼) days for each calendar month of full attendance or for
each calendar month of leave of absence granted under Article
31A.9 (Pregnancy and Parental Leave). Attendance credits may be
used for protection purposes only in the event that an employee is
unable to attend to their official duties by reason of illness or injury.
[5] The grievor was not granted attendance credits since she did not meet the
accepted qualifying requirement of working an average of 40 hours per week over
the 13 weeks prior to the commencement of the leave. Unfortunately for the
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grievor, her average weekly working hours over the 13-week period was 39.92
hours.
[6] The reason the grievor did not reach the required 40-hour average was due to the
fact that she was off one week due to COVID-19. Pursuant to the agreed to
COVID-19 Fixed Term Top Up Memorandum of Agreement, the credited
calculation of the COVID-19 Leave for her that week was 39 hours.
[7] The frustration of the grievor is entirely understandable in the circumstances.
Unfortunately for her, however, there was no violation of the collective agreement
as the Employer applied the accepted methodology of determining the average
weekly working hours; accordingly, the grievor did not qualify for attendance
credits while on pregnancy leave.
[8] In light of the above, the grievance is, hereby, dismissed.
Dated at Toronto, Ontario this 15th day of November 2023.
“Brian P. Sheehan”
Brian P. Sheehan, Arbitrator