GSB# 2004-0986
UNION# 2004-0411-0019
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Garnett)
Grievor
- and -
The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)
Employer
BEFORE
Loretta Mikus
Vice-Chair
FOR THE UNION
Scott Andrews Grievance Officer Ontario Public Service Employees Union
FOR THE EMPLOYER
Lucy Neal Senior Staff Relations Officer Ministry of Community Safety and Correctional Services
HEARING
September 10, 2004.
Decision
The parties referred this grievance to mediation/arbitration in accordance with Article 22.16 of the Collective Agreement. The grievance dated February 06, 2004 involves attendance/vacation credit reports. The Union seeks the declaration that the Collective Agreement has been violated and seeks that the Employer be directed to comply with the Collective Agreement.
At the outset of the hearing, the parties agreed that I exercise my jurisdiction to decide this matter, and requested that I issue a decision, without reasons.
Having carefully reviewed the evidence presented and the submissions of the parties, I am satisfied that the Union has satisfied its onus to prove that the Employer has failed to comply with Article 45 of the collective agreement. That provision mandates that the obligation is on the Employer to advise employees of their vacation and attendance credits. While it can offer access to this information through the WIN system, it must be done in a manner that satisfies the requirements of the collective agreement. If that access is limited by availability, knowledge or training, it will not comply with Article 45 and the Employer is ordered to provide that information in a more meaningful way.
I shall remain seised should the parties encounter any difficulties arising in the implementation of this order.
Accordingly, the aforementioned grievance is resolved.
Dated at Toronto this 22nd day of September 2004.