HomeMy WebLinkAbout2012-3417.Spitzig.13-11-21 DecisionCrown Employees
Grievance Settlement
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Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2012-3417
UNION#2012-0225-0006
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Spitzig) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Felicity D. Briggs Vice-Chair
FOR THE UNION Tim Mulhall
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Greg Gledhill
Ministry of Government Services
Centre for Employee Relations
Employee Relations Advisor
HEARING September 17, 2013
- 2 -
Decision
[1] Since the spring of 2000 the parties have been meeting regularly to address matters of
mutual interest which have arisen as the result of the Ministry of Community Safety and
Correctional Services as well as the Ministry of Children and Youth Services
restructuring initiatives around the Province. Through the MERC (Ministry Employment
Relations Committee) a subcommittee was established to deal with issues arising from
the transition process. The parties have negotiated a series of MERC agreements setting
out the process for how organizational changes will unfold for Correctional and Youth
Services staff and for non Correctional and non Youth Services staff.
[2] The parties agreed that this Board would remain seized of all issues that arise through this
process and it is this agreement that provides me the jurisdiction to resolve the
outstanding matters.
[3] Over the years as some institutions and/or youth centres decommissioned or reduced in
size others were built or expanded. The parties have made efforts to identify vacancies
and positions and the procedures for the filling of those positions as they become
available.
[4] The parties have also negotiated a number of agreements that provide for the “roll-over”
of fixed term staff to regular (classified) employee status.
[5] Hundreds of grievances have been filed as the result of the many changes that have taken
place at provincial institutions. The transition subcommittee has, with the assistance of
this Board, mediated numerous disputes. Others have come before this Board for
disposition.
[6] It was determined by this Board at the outset that the process for this disputes would be
somewhat more expedient. To that end, grievances are presented by way of statements of
fact and succinct submissions. On occasion clarification has been sought from grievors
and institutional managers at the request of the Board. This process has served the parties
well. The decisions are without prejudice but attempt to provide guidance for future
disputes.
- 3 -
[7] Paul Spitzig was a Correctional Officer working at the Walkerton Jail at the time of its
closure. He grieved that the Employer denied him short term sickness plan in
contravention of the collective agreement.
[8] Mr. Spitzig elected to have a non-working notice period when surplussed. The period of
his non-working notice was from April 18, 2012 until October 18, 2012. According to the
grievor, he injured his knee on August 18th, 2012. However, he did not notify the
Employer with a request for sick leave or notice of injury until November 2, 2012.
[9] In his statement the grievor indicated that he did not notify the Employer of his injury
sooner because he was unsure of the sick leave coverage or the process. He said that he
was not sure how to report his injury or to whom it should be reported. Further, he was
initially unaware of the extent of the injury or the needed recovery period.
[10] According to the Employer it is typical that if an employee is injured during the period of
their notice, the notice is halted and sick leave is granted. Once fit again, the notice
period is then completed.
[11] In this case, the grievor did not notify the Employer of any illness or injury until after his
working notice period was concluded and therefore there is no entitlement to sick leave. I
find it most odd that a Correctional Officer who had been with the Ministry since 1993
would be unaware of the sick leave plan and/or how to report an illness. Even if he was
ignorant of the process, one phone call could have cleared up any uncertainty.
[12] Accordingly, the grievance is dismissed.
Dated at Toronto, Ontario this 21st day of November 2013.
Felicity D. Briggs, Vice-Chair