GSB#2022-3314

UNION#2022-0430-0009

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Perault)

Union

• and -

The Crown in Right of Ontario (Ministry of Public and Business Service Delivery)

Employer

BEFORE

Annie McKendy

Arbitrator

FOR THE UNION

Robin Lostracco Ontario Public Service Employees Union Senior Grievance Officer

FOR THE EMPLOYER

Jordan Brezer Treasury Board Secretariat Legal Services Branch Employee Relations Advisor

HEARING

January 16, 2023

Decision

1This grievance alleges that the Employer violated articles 2 and 49 of the collective agreement by unjustly denying the grievor’s request for Special and Compassionate Leave on January 17, 2022. The grievor asserted that it was his intention to attend work, but adverse weather conditions prevented him from doing so.

2The hearing was conducted as a mediation/arbitration in accordance with the terms of s. 22.16 of the collective agreement. The parties agreed that they would provide brief submissions and that I would render an oral decision with brief reasons. In accordance with the collective agreement, this decision confirms the oral decision and is issued with only limited reasons. While it is binding on the parties, it is without prejudice or precedent to any future matters between them.

3The employer denied the request for Special and Compassionate Leave and considered, among other factors, the grievor’s proximity to the workplace, the fact that public safety officials had only recommended against non-essential travel, the availability of other modes of transportation, and the fact that the office remained open. Having considered the Grievor’s explanation, the consideration of these factors was reasonable in the circumstances.

4After hearing the submissions of the parties, it is my determination that the grievance is dismissed.