GSB# 2006-0479
UNION# 2005-0517-0079
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Jessop)
Union
- and -
The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)
Employer
BEFORE
Barry Stephens
Vice-Chair
FOR THE UNION
Scott Andrews Grievance Officer Ontario Public Service Employees Union
FOR THE EMPLOYER
Faith Crocker Staff Relations Officer Ministry of Community Safety and Correctional Services
HEARING
June 20, 2006.
Decision
The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not necessary to reproduce the entire Protocol here. Suffice it to say that the parties have agreed to an “True Mediation-Arbitration” process, wherein each provides the vice-chair with submissions, which include the facts and authorities each relies upon. The process adopted by the parties provides for a canvassing of the facts during the mediation phase, although the vice-chair has the discretion to request further information or documentation. Arbitration decisions are issued in accordance with Article 22.16 of the collective agreement, without reasons, and are without prejudice or precedent.
The grievance in this case relates to the grievor’s claim for a special and compassionate leave for Friday, April 8, 2006. Ms. Jessop requested the leave so that she could attend a service held for Pope John Paul II. The union submits that the leave request was appropriate, given the religious significance of the death of a pope. The employer responds that, after considering the request, they determined that special and compassionate leave was not appropriate, as the day did not coincide with the recognized religious holidays for Roman Catholics. The grievor was granted a vacation day to accommodate her desire to attend the event in question.
After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the grievance should be dismissed.
Dated at Toronto, this 25th day of July, 2006.