GSB#2013-4425

UNION#2014-0510-0002

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Sherry)

Union

• and -

The Crown in Right of Ontario (Ministry of Attorney General)

Employer

BEFORE

Deborah J.D. Leighton

Vice-Chair

FOR THE UNION

Seung Chi Ontario Public Service Employees Grievance Officer

FOR THE EMPLOYER

Kathryn DuBois Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor

Stephanie Borcsok Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor

HEARING

October 9, 2014

Decision

1Mr. George Sherry, a Customer Service Representative, in the Ontario Courts of Justice, Family Division, filed a grievance on January 27, 2014, alleging that the employer breached Articles 2, 9, 21 and 25 of the collective agreement. The union alleges that the employer wrongly denied his request for special and compassionate leave for December 23 and 24, 2013. The grievor was unable to get to work because of an ice storm. The employer submitted that there was no violation of the collective agreement. It had carefully assessed each request for compassionate leave--some 90 applications—and decided pursuant to its management rights to deny the grievor’s leave request.

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.

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