GSB# 2020-0586; 2020-1090

UNION# 2020-0369-0003; 2020-0369-0011

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Caryk)

Union

• and -

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

Employer

BEFORE

D.J.D. Leighton Arbitrator

FOR THE UNION

Dan Sidsworth and Gregg Gray Ontario Public Service Employees Union Grievance Officers

FOR THE EMPLOYER

James Cheng and Daniel DiCroce Treasury Board Secretariat Employee Relations Advisors

HEARING

July 21, 2020 (by videoconference)

DECISION

1Mr. Peter Caryk, Correctional Officer 2 at Central North Correctional Centre, filed two grievances on February 4 and May 22, 2020, alleging that the employer breached Articles 2, 49 and 75 of the collective agreement. The grievances allege that the employer failed to consider relevant factors and his personal circumstances when denying his request for special and compassionate leave on January 12 and May 4, respectively. He seeks pay for both 12 hour shifts as discretionary days.

2The employer submitted that the employer considered the requests in good faith, based on the information provided by the grievor. The employer submits further that it exercised the discretion to assess the requests for leave appropriately and there has been no breach of the collective agreement.

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 on the grievances, as well as the jurisprudence of the Board, I hereby grant the first grievance in part and deny the second. Thus, I hereby direct the employer to pay six (6) hours to the grievor, as one half of a discretionary day.