HomeMy WebLinkAbout2007-1138.Yole.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# 2007-1138
UNION# 2007-0234-0137
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Yole)
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, Stephen Giles, Peter Wright
Grievance Officers
Ontario Public Service Employees Union
FOR THE EMPLOYER Greg Gledhill and Faith Crocker
Staff Relations Officers
Ministry of Community Safety and
Correctional Services
HEARING
May 22, 2008.
2
Decision
The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not necessary to
reproduce the entire Protocol here. Suffice it to say that 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. This decision is issued in accordance with the
Protocol and with Article 22.16 of the collective agreement, and is without prejudice or
precedent.
The grievor asserts that the employer?s Attendance Support Program (ASP) should be amended
in order to provide for an allowance for a higher personal threshold in circumstances where an
employee is working overtime well beyond the normal working year. The employer responds
that such a change might encourage abuse of the system, by rewarding employees for working
more overtime shifts while calling in sick for regular shifts; that it would be difficult to
administer, since there is no way to determine overtime in advance, leading to a rolling
calculation for the personal threshold; and, finally, that the ASP is a reasonable attendance
monitoring program within management rights to promulgate and administer.
After reviewing the submissions of the parties and the collective agreement, it is my conclusion
that the grievance should be dismissed.
rd
Dated at Toronto, this 3 day of July, 2008.
Barry Stephens, Vice-Chair