HomeMy WebLinkAbout2006-2723.Dakroub.08-07-03 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# 2006-2723
UNION# 2006-0234-0383
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Dakroub)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Barry Stephens
FOR THE UNION Scott Andrews
Grievance Officer
Ontario Public Service Employees Union
FOR THE EMPLOYER Greg Gledhill
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
HEARING
May 21, 2008.
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Decision
The parties agreed to a Memorandum of Settlement dated December 5, 2007. The grievor
alleges that the employer has not properly implemented the MOS by failing to adjust his
attendance target above the level of the Ministry threshold of 11.5 days per year for the purposes
of the Attendance Support Program (ASP). The grievor has averaged just over 31 days absence
per year over the last nine years.
The MOS called for further medical information to be provided by the grievor?s doctor, Dr.
Hamer, and the IME Doctor, Dr. Hollinger.
Dr. Hamer agreed with Dr. Hollinger?s observation that the grievor?s treatment was appropriate
and appears to be succeeding. Dr. Hamer made the following comments relevant to the grievor?s
attendance threshold:
?I would therefore expect that Mr. Dakroub should be able to manage on or below the average number of
sick days of his cohort at work.?
The employer takes the position that a personal ASP attendance threshold must be supported by
medical evidence, and has concluded that there is no such medical evidence justifying a higher
threshold for the grievor. The union argues that the medical reports, as well as the grievor?s
attendance history, support a higher threshold.
Decision
After reviewing the submissions of the parties and the medical reports, it is my conclusion that
employer has not breached the Memorandum of Settlement. I do not agree that the comments
from either doctor support a higher threshold. Taken together, I read the comments from both
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doctors to mean that that there is no identified medical reason why the grievor should not be
capable of achieving the same attendance thresholds expected of other employees. The fact that
the grievor has been absent an average of 31 days per year since 1999 is not necessarily evidence
of medical need. In my view, there is no medical evidence supporting a higher personal ASP
threshold at this time. The grievance is dismissed.
rd
Dated at Toronto, this 3 day of July, 2008.
Barry Stephens, Vice-Chair