GSB#2012-2951

UNION#2012-0252-0011

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Garcia)

Union

• and -

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

Employer

BEFORE

Felicity D. Briggs

Vice-Chair

FOR THE UNION

Tim Mulhall Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Greg Gledhill Ministry of Government Services Centre for Employee Relations Staff Relations Officer

HEARING

March 6 & 7, 2013.

Decision

1The Employer and the Union at the Niagara Detention Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. Some of the grievances were settled through that process. However, a few grievances remained unresolved and therefore require a decision from this Board. The Protocol provides that decisions will be issued within a relatively short period of time after the actual mediation sessions and will be without reasons. Further, the decision is to be without prejudice and precedent.

2Ms. Melissa Garcia applied for three compassionate days when her spouse who was living in Cuba was given permission to enter Canada. She learned of his approval on August 15, 2012 and asked for August 17, 18 and 19 as leaves days. She wanted to go to Cuba and assist her spouse to prepare for and accompany him on his journey to this country. Her leave request was denied.

3Her leave was denied by the Employer because it did “not meet the requirements needed for me to grant special and compassionate days.” Neither the grievor nor this Board was provided with an understanding as to what the necessary “requirements” are.

4After considering the facts, documents and submissions made in this matter, the grievance is upheld.

5I remain seized.