GSB#2008-0700

UNION#2008-0368-0048

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Troy)

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, Frank Inglis Grievance Officers Ontario Public Service Employees Union

FOR THE EMPLOYER

Gary Wylie, Laura McCready, Bart Nowak Staff Relations Officers Ministry of Community Safety and Correctional Services

HEARING

March 4, 2010.

Decision

1The 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 a “True Mediation-Arbitration” process, wherein each provides the Vice-Chair with submissions, which include the facts and authorities each relies upon. This decision is issued in accordance with the Protocol and with Article 22.16 of the collective agreement, and is without prejudice or precedent.

2The grievor requested special and compassionate leave for his scheduled 0700-1900 shift on March 9, 2008, as a result of the fact that there was a snowstorm on that day and the snow removal in his area was slow due to a strike affecting his community. The employer denied the request on the basis that other employees made it to work, and there was no evidence the grievor made an effort to attend work.

3After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the grievor should be award six (6) hours pay.