Ontario Public Service Employees Union (Armvert) v. The Crown in Right of Ontario (Ministry of the Solicitor General), 2021 CanLII 82493

GSB# 2018-3653

UNION# 2018-0369-0091

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Armvert)

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 Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Daniel DiCroce Treasury Board Secretariat Employee Relations Advisor

HEARING DATE

May 13, 2021

DECISION

1Shelley Armvert, a Nurse, at Central North Correctional Centre, grieved on November 1, 2018, that the employer breached the collective agreement and any other applicable law, when it denied her request for a 12 month leave of absence to teach at a college.

2The employer submitted that there was no breach of the collective agreement as the Ministry has the discretion to consider such requests, but no obligation to grant them.

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 and asked that I issue a decision without precedential value, and without written reasons.

4Having carefully considered, the submissions of the parties on the grievance, as well as the jurisprudence of the Board, I hereby dismiss the grievance.