GSB# 2019-1351

UNION# 2019-0222-0003

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union

(Jarabe)

Union

• and -

The Crown in Right of Ontario

(Ministry of Education)

Employer

BEFORE

Diane L. Gee

Arbitrator

FOR THE UNION

Andrew Mindszenthy

Ontario Public Service Employees Union

Grievance Officer

FOR THE EMPLOYER

Braden MacLean

Treasury Board Secretariat

Legal Services Branch

Counsel

HEARING

January 8, 2021

Decision

1This is grievance arising out of the Employer’s denial of the Grievor’s request for a paid leave of absence.

2Article 22.16 of the collective agreement governs this proceeding. That article reads as follows:

22.16 MEDIATION/ARBITRATION PROCEDURE

22.16.1 Except for grievances concerning dismissal, sexual harassment, and/or human rights, and Union grievances with corporate policy implications, all grievances shall proceed through the GSB to a single mediator/arbitrator for the purpose of resolving the grievance in an expeditious and informal manner.

22.16.2 The mediator/arbitrator shall endeavour to assist the parties to settle the grievance by mediation. If the parties are unable to settle the grievance by mediation, the mediator/arbitrator shall determine the grievance by arbitration. When determining the grievance by arbitration, the mediator/arbitrator may limit the nature and extent of the evidence and may impose such conditions as he or she considers appropriate. The mediator/arbitrator shall give a succinct decision within five (five) days after completing proceedings unless the parties agree otherwise.

22.16.7 Decisions reached through the mediation/arbitration process shall have no precedential value unless the parties agree otherwise.

3Pursuant to Article 22.16.7, this decision has no precedential value.

4Having heard the submissions of the parties and following my review of the documents provided by the Union on behalf of the Grievor, I order the Employer to pay to the Grievor, within 60 days of this decision, two days wages at the wage rate in effect as of the date of her request for the paid leave of absence that forms the basis of this grievance.