Loading...
HomeMy WebLinkAbout2010-2449.Gareau.12-01-12 Decision Crown Employees rieva nce Settlement oard 1Z8 l. (416) 326-1388 x (416) 326-1396 t des griefs es employés de la t Z8 l. : (416) 326-1388 léc. : (416) 326-1396 UNION#2010-0582-0054, 2011-0582-0050 IN THE MATTER OF THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD ETWEEN G B Suite 600 180 Dundas St. West Toronto, Ontario M5G Te Fa Commission de règlemen d Couronne Bureau 600 180, rue Dundas Oues Toronto (Ontario) M5G 1 Té Té GSB#2010-2449, 2011-2367 AN ARBITRATION Under B Ontario Public Sployees Union (Gareau) Union - and - (Ministry of Community Safety and Correctional Services) Employer ervice Em The Crown in Right of Ontario BEFORE Felicity D. Briggs Vice-Chair FOR THE UNION ice Employees Union FOR THE EMPLOYER Tim Mulhall O G ntario Public Serv rievance Officer s s Sia Romanidis Ministry of Government Service C E entre for Employee Relation mployee Relations Advisor HEARING December 13, 2011. - 2 - Decision [1] The Employer and the Union at the Toronto East Detention Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. Most of the grievances were settled through that process. However, a few remained unresolved and therefore require a decision from this Board. The Protocol provides that decisions will be issued within a relatively short period of time after the actual mediation sessions and will be without reasons. Further, the decision is to be without prejudice and precedent. [2] Conrad Gareau is a Correctional Officer who filed two grievances regarding denial of three special leave requests for October 21, 2010, December 1, 2010 and April 4, 2011. These days were requested to replace days that were previously considered “denied absences”. He claimed his requests regarding the absences were “mishandled” and discriminatory. [3] During the period between January of 2010 and November of 2011, the grievor had nineteen occasions of denied absences. That is to say, he called into the workplace shortly before he was scheduled to report to work and declared that he was unable to do so for reasons that had nothing to do with sick leave. [4] It appears that in each case after he returned he asked for some substitution for the denied absence. Indeed, some of these absences were changed to special leaves days while others were substituted with vacation days or lieu days. According to the Employer’s documents, in some instances the grievor did not explain the need for absence beyond “family issues”. On other occasions little or no information was noted as having been provided. - 3 - [5] I saw no evidence of discrimination or mishandling of requests in the circumstances set out before me. Given the lack of information provided to the Employer, I cannot fault the handling of these requests. [6] It is trite to say that unless an employee is ill or otherwise excused from the workplace by way of an approved leave of absence of some sort, the Employer is entitled to expect that employees will work in accordance with the schedule. [7] I must dismiss these grievances. As I discussed with the grievor during our med/arb session, if he has need of some accommodation as the result of his family status, he should make a formal request and meet with the Employer to discuss the matter. It is not in his interest to rely upon requesting special and compassionate time off with little or no notice. Dated at Toronto this 12th day of January 2012. Felicity D. Briggs, Vice-Chair