HomeMy WebLinkAbout2011-1272.Coull.15-10-14 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
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#2011-1272
UNION#2010-0108-0013
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Coull) 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 Nick Mustari
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Greg Gledhill
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING September 30, 2015
- 2 -
Decision
[1] The Employer and the Union at the Elgin Middlesex Detention Centre agreed to
participate in the Expedited Mediation-Arbitration process in accordance with the
negotiated Protocol. A number of the grievances were settled through that
process. However, this grievance remained unresolved requiring a decision from
this Board. The Protocol provides that decisions will be issued within a relatively
short period of time after the actual mediation sessions and will be without
reasons. Further, the decision is to be without prejudice and precedent.
[2] James Coull is a Correctional Officer who filed a grievance regarding the
Employer’s implantation of the Attendance Support Management Program. He
asserted that in February of 2010 a co-worker attended at the workplace ill and
contagious with flu like symptoms. The grievor said that he asked his coworker
why he did not simply stay home given his illness and was told that he was afraid
of being absent due to the attendance program. According to the grievor, a few
days later he became ill with similar symptoms.
[3] By way of remedy the grievor asked that the Board order he be removed from the
program and “to have the employer send people who are ill home to protect the
other employees, specifically my health and safety.”
[4] There was no medical evidence provided of any sort that might verify the
grievor’s illness being the result of having worked with an ill co-worker.
[5] While I understand the grievor’s concerns, I am of the view that there is no
violation of the Collective Agreement.
Dated at Toronto, Ontario this 14th day of October 2015
Felicity D. Briggs, Vice-Chair