GSB#2008-3215

UNION#2008-0678-0019

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (McCorriston)

Union

• and -

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

BEFORE

Deborah J.D. Leighton

Vice-Chair

FOR THE UNION

Anastasios Zafiriadis Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Greg Gledhill and Karen Martin Ministry of Community Safety and Correctional Services Staff Relations Officer

HEARING

May 27, 2010.

Decision

1Mr. Ian McCorriston, a correctional officer at the Algoma Treatment and Remand Centre grieved on December 9, 2008, that the employer breached the collective agreement when it denied his late request for a vacation day. The employer submitted that it had not violated the collective agreement and that it could not approve the vacation day because of operational requirements.

2The parties referred this grievance to mediation/arbitration in accordance with Article 22.16 of the collective agreement. At the outset of the hearing the parties agreed that I had the jurisdiction to deal with this matter. They asked that I issue a decision without precedent or prejudice, and without written reasons in accord with the policy of the parties for expedited hearings under Article 22.16.

3Having carefully considered the submissions of the parties, as well as the jurisprudence of the Board, I hereby deny this grievance.