Ontario Public Service Employees Union (Bouchard) v. The Crown in Right of Ontario (Ministry of the Solicitor General), 2021 CanLII 82499

GSB# 2021-0212

UNION# 2020-0369-0021

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Bouchard)

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

1Lisa Bouchard, a Correctional Officer 2, at Central North Correctional Centre, grieved on August 24, 2020, that the employer breached Article 25 of the collective agreement, the Human Rights Code, and any other applicable law, when it denied her request for six compassionate leave days to care for her daughter after emergency surgery, and when she was unable to find anyone else to care for her daughter. She seeks compensation for the lost wages and damages.

2The employer submitted that there was no breach of the collective agreement. The grievor was granted three days for the emergency surgery, and therefore the grievance should be dismissed.

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 grant the grievance in part. I have decided not to order damages. However, the employer is ordered to pay the grievor for lost wages for six days, minus ordinary deductions.