GSB# 2017-0895

UNION# 2017-0248-0022

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Smith)

Union

• and -

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

Employer

BEFORE

Janice Johnston

Arbitrator

FOR THE UNION

John Wardell Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Greg Gledhill Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor

HEARING

September 14, 2017

Decision

1The Employer and the Union agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated protocol. The majority of the grievances are normally settled pursuant to that process. However, if a grievance remains unresolved the protocol provides that the Arbitrator of the Board, based on the evidence provided during the mediation session, will immediately decide the grievance. The decision will be without reasons, without precedent and prejudice and will be issued within fifteen working days of the mediation unless the parties agree otherwise.

2On September 13 and 14, 2017 the parties at Hamilton Wentworth Detention Centre participated in the Expedited Mediation-Arbitration process in accordance with the negotiated protocol. A number of grievances were settled through that process. However, this grievance remained unresolved and required a decision.

3The grievor is the local union President and the issue in this case pertains to presidential leave. In accordance with Minutes of Settlement pertaining to an earlier grievance, the grievor filled out and submitted a request for presidential leave form for the last four hours of a twelve hour shift on June 4, 2017.

4However due to a clerical error the grievor was not informed that his request was approved. On the day in question although he was told he could have the time off he was not comfortable taking the time. As a remedy he is requesting eight hours of overtime.

5I do not feel that eight hours of overtime is an appropriate remedy in this case. However to ensure that this does not occur again it seems to me that once the leave is approved, it makes sense for the employer to return to the grievor a copy

of the form with an indication on it that it has been approved. That will ensure that there can be no doubt as to whether or not the leave has been agreed to.