GSB#2014-0298

UNION#2014-0510-0007

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (McCarthy)

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. Brendan McCarthy, a Customer Service Representative, in Toronto Small Claims Court, filed a grievance on January 30, 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 24, 2013. The grievor had attended at the work place but the building was closed because it had no power, as it had been the day before when a security guard for the building advised him to go home. The grievor was unaware that employees were assigned to another location. He had no knowledge of the emergency hotline for information as to where to report to work.

2The 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.

3The 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.

4Having carefully considered the submissions of the parties, as well as the jurisprudence of the Board, I hereby grant the grievance and order the employer to reimburse the grievor for his loss of any pay or benefits on December 24, 2013.