GSB#2011-0416, 2011-0417

UNION#2010-0368-0160, 2010-0368-0161

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Rae)

Union

• and -

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

Employer

BEFORE

Brian P. Sheehan

Vice-Chair

FOR THE UNION

Scott Andrews Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Gary Wylie Ministry of Government Services Centre for Employee Relations Eastern Regional Office Staff Relations Officer

HEARING

January 23, 2013.

Decision

1The Employer and the Union at the Central East Detention Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. It is not necessary to reproduce the entire Protocol. Suffice to say that the parties have agreed to a True Mediation-Arbitration process wherein each party provides the Vice-Chair with their submissions setting out the facts and the authorities they respectively rely 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 is a Correctional Officer who filed two grievances related to a request for compassionate leave associated with the death of his father.

3The grievor’s father suffered an aneurysm in 2010. At that time, the grievor was granted two days of compassionate leave to be with his father, pursuant to Article 49 of the collective agreement; which provides that an employee may be granted a leave of absence with pay for not more than three days in a year upon special or compassionate grounds.

4Unfortunately the grievor’s father did not recover from the aneurysm and he remained in hospital in Owen Sound. Later in 2010, the grievor was contacted by a family member and advised that he should immediately travel to Owen Sound as his father’s health had taken a turn for the worse. The grievor contacted the Employer and advised that he needed to be booked off sick for his next three scheduled shifts. The grievor’s father passed away the following day. The grievor was granted the three sick days in addition to his full entitlement to bereavement leave under the collective agreement prior to his return to work.

5Grievance 2010-0368-0160 is a request by the grievor to treat the three days of sick leave as compassionate days.

6The grievor subsequently filed a complaint under the Workplace Discrimination and Harassment Prevention (WDHP) policy regarding the failure of the Employer to grant him compassionate leave for the three days in question. Grievance

2010-0368-0161 relates to an assertion that the grievor’s complaint was mishandled by those individuals responsible for administering the WDHP policy.

7After reviewing the facts and the submissions of the parties it is my conclusion that grievance 2010-0368-0161 should be dismissed. It is, however, my determination that grievance 2010-0368-0160 should be upheld to the extent that the grievor should have been granted one more day of compassionate leave. The Employer, therefore, is ordered to make the necessary adjustments associated with altering one of the sick days utilized by the grievor to a compassionate leave day.