GSB# 2019-0380

UNION# 2019-5112-0053

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Mangat)

Union

• and -

The Crown in Right of Ontario (Ministry of the Solicitor General)

Employer

BEFORE

Ian Anderson

Arbitrator

FOR THE UNION

Gregg Gray Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Sia Romanidis Treasury Board Secretariat Employer Relations Advisor

HEARING

February 5 & 6, 2020

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 an 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 February 5 and 6, 2020 the parties at the Toronto South Detention Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated protocol.

3This grievance relates to a decision by the Employer to deny the Grievor’s request for compassionate leave.

4Having considered the representations of the parties, I conclude the Employer failed to obtain the information required to exercise its discretion appropriately.

5Accordingly, the grievance is allowed. The matter is remitted to the Employer to re-consider the Grievor’s request and determine whether or not to grant the compassionate leave.