HomeMy WebLinkAbout2009-2763.Conboy.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#2009-2763
UNION#2009-0108-0097
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Conboy) 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] In the spring of 2009 Jeff Conboy was a fixed term Correctional Officer. He called
in to report that he was too ill to work on Saturday April 18, 2009. He was asked
by the Operational Manager to provide a medical certificate when reporting back
to work. He filed a grievance after he was not paid for the shift he absented.
[3] According to the grievor, everyone who reported ill during this weekend was
asked for a medical certificate and while there might have been some institutional
concern, to ask him for a medical certificate was a violation of article 31.A.8.3.
The grievor ultimately provided a note written on April 29, 2009 stating that he
had presented to a particular clinic on April 29, 2009. Not surprisingly, the
Employer found that note to be insufficient.
[4] The Union urged that the Employer asked everyone that weekend for a medical
note and contended that the grievance should be uphelf because the Employer
must take each individual circumstance into account when asking for medical
certificates.
[5] The Employer agreed that there was a number of staff sick that weekend but
denied that all were asked for medical certificates. It was contended that
managerial staff utilized discretion in the requests for medical certificates during
this period.
- 3 -
[6] The Employer provided documents from the time period that revealed that while
a number of the staff were asked for medical certificates it could be said that all
staff who reported ill during this weekend were so instructed. It appears that
there was managerial discretion exercised in these requests.
[7] There is no violation of the Collective Agreement and the grievance is denied.
Dated at Toronto, Ontario this 14th day of October 2015
Felicity D. Briggs, Vice-Chair