HomeMy WebLinkAbout1996-1914BARNES96_12_18
ONTARIO EMPLOYES 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 M5G 1Z8 TELEPHONEITELEPHONE (416) 326-1388
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GSB # 1914/96
OPSEU # 96E061-4,96E066-86
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OPSEU (Barnes et al)
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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AWARD
In thIS case, the gnevors, who were scheduled to work as essentlal workers dunng the strike,
clmmed sIck pay for ShIftS they mIssed on the evenIng of March 10 and mornIng of March 11,
1996 Each gnevor mIssed one ShIft.
The employer refused to pay SIck leave to the gnevors, clmmIng that they had not been III but
had been partIcIpatIng In an Illegal strike An Order of the OntarIo Labour RelatIOns Board dated
March 11, 1996, was entered Into eVIdence ThIS document ordered Into effect a memorandum of
settlement between the employer and the umon, In WhICh the union, inter alia, acknowledged
'the !11 fmlIng to prOVIde for essentlal serVIces and emergency back-up staff on the evemng of
March 10 1996 and the mormng of March 11 1996 It breached the essentIal serVIces and
emergency serVIces protocol of the Essential SerVIces Agreement."
The gnevors, the employer noted, were among the staff who partICIpated In thIS event. ThIS
showed that they were not III as they contended, but were !I1stead partICIpatIng !11 the event that
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led to the forego!l1g acknowledgement of the umon. As a result, It was submItted, they were not
entltled to sIck pay
I agree. The gnevors allegedly were sIck for only the ShIftS m the tlme penod durmg WhICh the
umon acknowledged that "It faIled to proVIde for essentlal servIces and emergency back-up
staff." ThIS stnkmg comcldence leads to a strong mference that they were not III but usmg claims
of Illness to support the Job actIOn acknowledged by the union.
The gnevance IS dIsmIssed.
Dated at Toronto, Ontano, thIS 18th day of December, 1996