HomeMy WebLinkAbout1996-1914ABOBECHKO96_12_18
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ONTARIO EMPLOYE~ DE LA COURONNE
-- CROWN EMPLOYEES DE L'ONTARIO
1111 GRIEVANCE COMMISSION DE
SETTLEMENT ,
REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST, SUITE 2100, TORONTO ON MSG 1Z8 TELEPHONEITELEPHONE (41~) 326-1388
180, RUE DUNDAS OUEST, BUREAU 2100, TORONTO (ON) M5G 1Z8 FACS/MILEITELECOPIE (41~) 32~-1396
GSB # 1914A/96
OPSEU # 96E065
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OPSEU (Bobechko)
Grievor
- and -
The Crown in Right of ontario
(Ministry of the Solicitor General &
Correctional services)
Employer
BEFORE R J Roberts Vice-Chairperson
FOR THE G Leeb
GRIEVOR Grievance Officer
ontario Public Service Employees Union
FOR THE D Chiro
EMPLOYER Coordinator, C A Negotiaions
Management Board Secretariat
HEARING November 19, 1996
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1
AWARD
ThIs case IS sImIlar to that dealt wIth on even date m Re Barnes and Ministry of the Solicitor
General and Correctional Services (1996), GSB No (Roberts) It has, however,
Important factual dIfferences WhICh have led me to a dIfferent conclUSIOn.
In Barnes It was concluded that the gnevors were not III but were usmg claims of Illness to
remam off work m support of a Job actIOn that the umon later acknowledged "breached the
essentIal servIces and emergency servIces protocol of the EssentIal ServIces Agreement"
govermng the prOVISIOn of essentlals servIces dunng the stnke A key element supportmg thIS
conclUSIOn was the fact that the gnevors allegedly were SIck for only smgle ShIftS m the tlme
penod of the Job actIOn, the evemng of March 10 and the mormng of March 11 1996
Here the gnevor claimed to have been SIck on March 11 12 and 13 1996 and not Just dunng
the penod of the Job actIOn. ThIS claim was backed up by a Doctor's note specIfically IdentIfymg
the medIcal problem as recurnng lower back pam actIvated by a fall on March 11 In the
course of the gnevance process, the gnevor submItted a letter expla!l1!11g that hIS !I1Jurv was
2
caused when he slIpped and fell on the Ice on the mormng of March 11
These dIfferences lead me to conclude that the gnevor was, In fact, unable to work due to hIS fall
As a result, the employer should have paid SIck pay to the gnever for the penod March 11 to 13
It IS awarded that the gnevor should be made whole In thIS respect WIthout undue delay I wIll
retam JunsdIctIOn pendmg ImplementatIOn of the terms of thIS Award.
Dated at Toronto, OntarIO, thIS 18th day of December, 1996