Loading...
HomeMy WebLinkAbout2004-1542.Stickle.07-03-05 Decision Crown Employees Grievance Settlement Board Commission de reglement des griefs des employes de la Couronne Nj ~ Ontario Suite 600 180 Dundas Sl. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tel. : (416) 326-1388 Telec. : (416) 326-1396 GSB# 2004-1542 UNION# 2004-0229-0016 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Stickle) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Barry Stephens Vice-Chair FOR THE UNION Stephen Giles and Scott Andrews Grievance Officers Ontario Public Service Employees Union FOR THE EMPLOYER Pauline Jones and Faith Crocker Staff Relations Officers Ministry of Community Safety and Correctional Services HEARING February 19,20 & 21, 2007. DEADLINE FOR WRITTEN SUBMISSIONS March 2, 2007. 2 Decision INTRODUCTION The Ministry and OPSEU have agreed to a Med-Arb Protocol, signed February 27, 2006. Although OCI is not one of the institutions covered by the protocol, the parties agreed on February 19,2007 to be bound by the terms of the protocol for this session. It is not necessary to reproduce the entire Protocol here. Suffice it to say that, as part of the Protocol, the parties have agreed to a "True Mediation-Arbitration" process, wherein each provides the vice-chair with submissions, which include the facts and authorities each relies upon. The process adopted by the parties provides for a canvassing of the facts during the mediation phase under the Protocol. Arbitration decisions are issued in accordance with Article 22.16 of the collective agreement, without reasons, and are without prejudice or precedent. The parties were unable to resolve this matter in mediation. Accordingly, the matter has been referred to me as a True Mediation/Arbitration decision under the Protocol. FACTS The grievor has been working under a medical accommodation since June 2002. He was asked to provide an updated medical report by June 21, 2004. The grievor advised the employer that his doctor was on vacation, and, as a result, the earliest date he could arrange for an appointment was July 13,2004. The employer agreed to extend the deadline for the medical information until July 16, 2004. The grievor was notified of this extension by way of a letter from the Staff Services Manager, Karen Saylors, dated June 22,2004, it which it was also stated: "Should you fail to provide this information I will have no alternative but to end your accommodation, as is our current practice." 3 The UnIon argues that this statement is inappropriate, III that the grievor's medical accommodation can only be terminated based on medical evidence and that there was no evidence to suggest that the grievor's restrictions could be lifted. The grievor seeks 120 hours of compensating time off. The employer responds that, since transferring to OCI, the grievor has been required to provide medical documentation on four previous occasions, and that it has taken from 3 to 6 months for him to provide such information, often after a number of reminders and requests. As a result, the employer asserts that, given the grievor's history of failing to cooperate with the timely submission of medical information, it was appropriate to warn him that his accommodation would be terminated if he did not provide such information in a timely fashion. DECISION The union is entitled to a declaration that the grievor's medical accommodation cannot be terminated except for medical reasons. While the failure to provide such medical information could lead to termination of the accommodation, there is no evidence in the circumstances of this request, regardless of the grievor's history, that he was at fault or was deliberately delaying providing appropriate information. From that perspective, the threat to terminate was inappropriate. Dated at Toronto, this 5th day of March, 2007. Barry