HomeMy WebLinkAbout2015-2716.Kolibaba.16-10-06 Decision
Crown 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#2015-2716
UNION#2015-0504-0013
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Kolibaba) Union
- and -
The Crown in Right of Ontario
(Ministry of Health and Long-Term Care) Employer
BEFORE Daniel Harris Vice-Chair
FOR THE UNION Avril Dymond
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Kevin Dorgan
Treasury Board Secretariat
Counsel
CONFERENCE CALL September 29, 2016
- 2 -
Decision
[1] On April 1, 2015 the Center for Employee Health, Safety and Wellness
implemented the Attendance Support and Management Program (ASMP), which
coincided with the introduction of the Ontario Government’s Attendance
Management Policy.
[2] The Policy Statement is set out in paragraph 1.1 of the Policy:
1.1 The Ontario Public Service (OPS) is committed to effective and
efficient management of employee attendance and balances the
organization’s need to maximize workforce productivity with an
employee's need for support when absent due to illness or injury.
[3] In this matter, OPSEU grieves on behalf of Igor Kolibaba, an employee of the
Ministry of Health and Long-Term Care, that he did not receive sufficient training
on the ASMP prior to its implementation. Because of a number of absences due
to illness, the grievor was placed into level 3 of the ASMP in or about August
2015. Effective July 21, 2016, the grievor was removed from all levels of the
ASMP based on his attendance history up to that date. By way of redress, the
union seeks a suspension of the ASMP pending adequate training being
provided to all of its bargaining unit members in the OPS.
[4] The parties referred this Grievance in accordance with Article 22.16 of the
collective agreement, and the matter came before me on September 29, 2016.
[5] Having carefully considered the submissions of the parties, and having reviewed
the Agreed Statement of Facts, the documents filed and the jurisprudence relied
upon; I find that there has been no breach of the collective agreement in this
instance. The grievance is dismissed.
Dated at Toronto, Ontario this 6th day of October 2016.
Daniel Harris, Vice Chair