GSB# 2002-2453
UNION# 2002-0234-0138
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Burke)
Union
- and -
The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)
Employer
BEFORE
Barry Stephens
Vice-Chair
FOR THE UNION
Stephen Giles Grievance Officer Ontario Public Service Employees Union
FOR THE EMPLOYER
Mike Briscoe Senior Staff Relations Officer Ministry of Community Safety and Correctional Services
HEARING
March 10, 2005.
Decision
The grievor, George Burke, grieves that his seniority is not properly calculated, as it does not include credit for the period from 1989 to 1991 when he did not work for the Ministry.
Mr. Burke argues that his absence from 1989 to 1991 was as a result of marital and family status issues, and that if his needs had been properly accommodated, he would not have had to leave the Ministry at the time. The union asserts that, prior to leaving the Ministry in 1989, the grievor had conversations with his supervisors during which he expressed a need for short term leave that would allow him to deal with his marital and family issues. The union further asserts that, had such a temporary leave been granted, there would have been no need for the grievor to resign his employment.
The employer responds that it was entitled to rely on the grievor’s letter of resignation, which was clear and unequivocal. In addition, the employer had made reasonable efforts, but was unable to contact the former supervisors the grievor alleged he had spoken to about a temporary leave. Thus, there was no evidence, other than the grievor’s assertions, that Mr. Burke had advised his employer that he required accommodation, that he had requested a temporary leave and that such a leave had been denied.
The parties agreed that this matter was to be dealt with under the expedited arbitration procedure set out in Part 7 of the Med-Arb Protocol between them signed on February 4, 2005. The parties have also requested that I provide a decision without reasons.
Having carefully reviewed the evidence presented and the submissions of the parties, it is my view that the grievor’s seniority has been properly calculated in accordance with the terms of the collective agreement. As a result, the grievance is dismissed.
Dated at Toronto, this 4th day of April, 2005.