Ontario Public Service Employees Union (Kerr) v. The Crown in Right of Ontario (Ministry of Attorney General), 2014 CanLII 69983

GSB#2014-0055

UNION#2014-0510-0003

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Kerr)

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

1Ms. Kathline Kerr, a Customer Service Representative, in Toronto Small Claims Court, filed a grievance on January 28, 2014, alleging that the employer breached Articles 2, 9, 21 and 25 of the collective agreement. The union alleges that the employer wrongly denied her request for special and compassionate leave for December 23 and 24, 2013. The grievor attended at work on December 23, 2013 but the building had no power. She and others were advised to standby in a restaurant until the employer decided whether to send them to an alternate workplace. The grievor went home at 10 a.m. Employees were told to report to the Jarvis Street office at 10:30. The grievor attended at work on December 24, 2013 because no one called her to tell her where to report and the building was still without power she went home. She said that she forgot about the emergency hot line for information updates.

2The employer submitted that there was no violation of the collective agreement. The grievor should not have gone home on December 23 and should have accessed the emergency hotline for information of where to report on December 24. The Ministry said that it 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 deny the grievance.