A faculty member whose maternity leave spanned over the summer holidays has won an important grievance over the college’s attempt to fold her vacation into her leave.
The professor, who teaches in the School of Business, IT and Management, filed a grievance arguing that the college breached the collective agreement by insisting she take vacation during her pregnancy leave, depriving her of her two months’ paid holidays. She instead had requested that her Supplementary Unemployment Benefits (SUB) begin at the outset of her pregnancy/parental leave, and that her vacation be deferred until the end of her parental leave.
Arbitrator Kathleen G. O’Neil ruled that the employer could not get out of its obligation to top up the professor’s Employment Insurance benefits through the SUB plan. She stated that deferred summer earnings and the SUB plan were two completely different entitlements. When the college tried to avoid making SUB plan payments, it had violated the collective agreement.
The important win at arbitration was the result of a monumental team effort led by Local 354 Vice-President Kathleen Flynn with assistance from past-President Pat Mongeon and current President Kevin Griffin. Treasurer Bill Chilton and stewards Anne Patrick, Bryan Jordan and Dawn McGuckin also lent their support.
“This grievance was started by one person, but it truly is a team win, not just for our local, but for all college faculty and even beyond our workplace sector,” said Local 354 VP Kathleen Flynn.
CAAT-A Divisional Executive JP Hornick described the arbitration award as a victory over an unfair attempt to force a new mother to subsidize her legally entitled maternity leave with unused vacation.
The decision also caught the attention of OPSEU’s president and vice-president who weighed in on the decision.
“What we have here is a heartless employer trying to pull a fast one on a soon-to-be mother,” said Eduardo (Eddy) Almeida, OPSEU/SEFPO First Vice-President/Treasurer. “They blatantly broke the collective agreement and tried to stiff her of her duly earned paid vacation time.
“I just have to shake my head when I see this kind of disgraceful behaviour. And I think this employer should hang their head in shame.”
OPSEU/SEFPO President Warren (Smokey) Thomas cited the win as further evidence that unions are as necessary now as ever. “The collective agreement clearly stated members didn’t have to take vacation while on leave – and the employer still tried to make a faculty member give up her vacation pay. Can you imagine how much more vulnerable non-unionized workers are to employer wrongdoing?”
If you have any question about your current or upcoming maternity leave please contact the union.
If you wish to read the full arbitrator’s decision you can download it here: