GSB# 2020-0315

UNION# 2020-0290-0005

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Russell)

Union

• and -

The Crown in Right of Ontario (Ministry of Children, Community and Social Services)

Employer

BEFORE

Ian Anderson

Arbitrator

FOR THE UNION

Dan Sidsworth Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Karen Martin Treasury Board Secretariat Employee Relations Advisor

HEARING

October 27, 2020 (by videoconference)

DECISION

1This decision is issued in accordance with Article 22.16 of the collective agreement, and is without precedent. The parties agreed to proceed on the basis of representations and submissions and have requested a decision without reasons.

2At the time the grievance was filed, the Grievor was employed as a Youth Services Officer on a fixed term contract basis. In accordance with Article 31A.6, a percentage of his gross pay was added to his regular pay in lieu of vacation with pay. He requested unpaid vacation leave in 2019 and was denied. In the result, the Grievor did not take time off as vacation in 2019. The grievance before me alleges the denial of the unpaid vacation leave constitutes a breach of the collective agreement and applicable statues. As remedy, it seeks a declaration and damages.

3Having considered the representations and submissions of the parties, I am satisfied that the denial of unpaid vacation leave to the Grievor in 2019 was in breach of the collective agreement and the Employment Standards Act, 2000, and I so declare.

4The Grievor became a full time permanent employee in 2020. The Employer advises that he was credited with 52 weeks for 2019 for the purposes of calculating his continuous service date under Article 18 when he became a full time employee. Given this, I make no award of damages.