HomeMy WebLinkAbout2007-1037.Thompson.08-03-27 Decision
Commission de
Crown Employees
Grievance Settlement
règlement des griefs
Board
des employés de la
Couronne
Suite 600 Bureau 600
180 Dundas St. West 180, rue Dundas Ouest
Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 Tél. : (416) 326-1388
Fax (416) 326-1396 Téléc. : (416) 326-1396
GSB# 2007-1037
UNION# 2007-0164-0018
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Thompson)
Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario)
Employer
BEFOREVice-Chair
Reva Devins
FOR THE UNION
Val Patrick
Grievance Officer
Ontario Public Service Employees Union
FOR THE EMPLOYER
Gordon Fitzgerald
Counsel
Liquor Control Board of Ontario
HEARING
March 14, 2008.
2
Decision
Having heard the submissions of the parties, I order that the grievor be reinstated on the
following terms:
1. For two years following his return to work, for absences due to medical reasons, the
Grievor will provide a medical note substantiating his absence on the day he returns to
work and within three (3) days of any absence that is three (3) days or longer, unless he
can demonstrate that he was unable to comply with this provision.
2. For two years following his return to work, for absences not due to medical reasons, the
Grievor must explain the reason for his absence to the Employer in a timely manner. The
Employer will then determine whether to approve the leave in accordance with the
Collective Agreement.
3. For two years following his return to work, any act worthy of discipline related to his
attendance at work or reporting his absences from work will result in the termination of
the Grievor?s employment. If he fails to comply with paragraph 1 or 2 of this Order or is
away without leave anytime within two years following his return to work he will be
assessed the specific penalty of discharge. An Arbitrator will only have jurisdiction to
assess whether the Grievor has not complied with paragraphs 1 or 2 or whether he was
away without leave and shall not have the jurisdiction to substitute a lesser penalty
notwithstanding any provisions of the Labour Relations Act.
4. The Employer shall reinstate the Grievor?s sick leave and vacation leave balance as of
June 1, 2007 and shall forego collection of the $1511.80 outlined in the letter sent to the
Grievor by Collection Group of Canada Inc., dated March 5, 2008.
5. The time between June 1, 2007 and the date he returns to work shall be deemed an unpaid
leave of absence for personal reasons. Notwithstanding this leave, his record will also
reflect a two (2) day suspension for failing to substantiate the reason for his absence from
work. He is deemed to have served his suspension on June 4 and 5, 2007.
6. I will remain seized in the event that a dispute arises with respect to the application,
interpretation or implementation of this Order.
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Dated at Toronto, Ontario, this 27 day of March, 2008.
Reva Devins
Vice-Chair