GSB#2009-3114

UNION#2009-0369-0138

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Briscoe)

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, Tim Mulhall Grievance Officers Ontario Public Service Employees Union

FOR THE EMPLOYER

Karen Martin, Brian Scott Ministry of Government Services Employee Relations Division Staff Relations Officer

HEARING

November 26, 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 grievance in this case relates to the grievor’s claim for statutory holiday premium pay for Thanksgiving Day on October 12, 2009. The employer takes the position that the grievor was disentitled from premium pay due to the fact that she failed to attend work for her two prior shifts, and thus did not meet the attendance requirements set out in the collective agreement. Although the grievor provided a medical note, it was dated November 5, 2009 and was untimely.

3After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the grievance should be dismissed.