GSB# 2018-0537

UNION# 2018-0229-0009

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Holloway)

Union

• and -

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

Employer

BEFORE

D.J.D. Leighton

Arbitrator

FOR THE UNION

Gregg Gray Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

David Marincola / Samantha Gray Treasury Board Secretariat Employee Relations Advisor / Labour Relations Intern

HEARING

November 7, 2018

DECISION

1Ms. Tracey Holloway, a Correctional Officer 2 at Ontario Correctional Institute, filed a grievance on February 10, 2018, alleging that the employer breached Articles 2 and 3 of the collective agreement. The grievor requested seven days of leave to care for a hospitalized family member. The employer granted her three days under Article 49, Special and Compassionate, but denied her request for four days of leave pursuant to Article 25.1 Special Leave. The employer took the position that the decision to deny the leave under Article 25.1 was made in good faith, free from arbitrariness and discrimination. Thus, there has been no breach of the collective agreement and the grievance should be dismissed.

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 evidence put before me including documents submitted by the union and the employer, the submissions of the parties on the grievance, as well as the jurisprudence of the Board, I hereby deny the grievance.