GSB#2011-1355

UNION#2011-0234-0077

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Smith)

Union

• and -

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

Employer

BEFORE

Barry Stephens

Vice-Chair

FOR THE UNION

Tim Mulhall Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Buky Adeoye Ministry of Government Services Centre for Employee Relations Employee Relations Advisor

HEARING

December 13, 2012.

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 relates to the grievor’s request for compassionate under Article 25 around the time of the death of her mother. The grievor requested, and was granted three days of bereavement leave, and three days of compassionate leave. She requested a further five days of compassionate leave in order to deal with the issues related to the settlement of the estate. The employer denied the request on the basis that the reason for the requested leave given the absence of factors indicating an urgent or compelling need to resolve the estate issues on the five days in question.

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