HomeMy WebLinkAbout2006-2093.Faulkner.08-06-25 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# 2006-2093
UNION# 2006-0229-0013
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Faulkner)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Ken Petryshen
FOR THE UNION
Kirsten Agrell
Grievance Officer
Ontario Public Service Employees Union
FOR THE EMPLOYER
Suneel Bahal
Counsel
Ministry of Government and Consumer
Services
HEARING April 28, 2008.
2
Decision
In a grievance dated March 28, 2006, Ms. C. Faulkner, a Correctional Officer (?CO?), in
effect alleges that the Employer contravened the Collective Agreement when it did not permit
her to start work at the Ontario Correctional Institute (?OCI?) on May 16, 2005, at the
completion of her training at the Bell Cairn Staff Development Centre (?Bell Cairn?). During
her training, CO Faulkner sustained an ankle injury at home, which necessitated the wearing of
an air cast. The Union asserts that the Employer?s failure to provide her with modified duties,
given her temporary disability, constitutes a contravention of the Collective Agreement. The
Employer takes the position that CO Faulkner?s grievance is untimely and it requests that I
dismiss it. I advised the parties at the hearing that I would provide them with at least a bottom
line decision on the timeliness issue some time in advance of July 21, 2008, the next scheduled
hearing date. What follows is a bottom line decision.
The Union argued that the grievance is timely. I disagree. It is my view that the time for
filing a grievance started to run on or about May 13, 2005, when the Staff Services Manager
advised CO Faulkner that she could not start work at OCI with modified duties. The time did not
start to run some ten months later, as argued by the Union, when someone told Ms. Faulkner that
another employee was working at OCI with an air cast.
If necessary to do so, the Union requested that I exercise my discretion under section
48(16) of the Labour Relations Act to extend the time for filing the grievance. After considering
the relevant factors, it is my conclusion that there are no reasonable grounds for an extension of
the time limits in the circumstances of this case.
3
Accordingly, CO Faulkner?s grievance dated March 28, 2006, is dismissed. The hearing
date of July 21, 2008, can be cancelled. The reasons for this decision will soon follow.
th
Dated at Toronto, this 25 day of June, 2008.
Ken Petryshen - Vice-Chair