GSB#2015-2710

UNION#2015-0582-0036

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Knowles)

Union

• and -

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

Employer

BEFORE

Deborah J.D. Leighton

Vice-Chair

FOR THE UNION

Dan Sidsworth Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Daniel DiCroce Treasury Board Secretariat Centre for Employee Relations Labour Relations Analyst

Laura McDonald Treasury Board Secretariat Centre for Employee Relations

HEARING

September 13, 2016

Decision

1Ms. Sarah Knowles, a Correctional Officer at the Toronto East Detention Centre, filed a grievance on November 23, 2015, alleging that the employer breached the collective agreement when it unreasonably denied a request for compassionate leave on October 27, 2015. She seeks, inter alia, to be made whole. The employer submitted that there was no violation of the collective agreement or the Code.

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.

3There was no evidence or argument made to support a violation of Article 3. Having carefully considered the submissions of the parties, as well as the jurisprudence of the Board, I hereby deny the grievance.