HomeMy WebLinkAbout2018-3983.Ye.19-09-25 Decision
Crown Employees Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2018-3983
UNION# 2019-0708-0003
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Ye) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Brian P. Sheehan Arbitrator
FOR THE UNION Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Caroline Markiewicz
Treasury Board Secretariat
Employee Relations Advisor
HEARING September 11, 2019
- 2 -
Decision
[1] The Employer and the Union at the Thunder Bay Correctional Centre agreed to
participate in the Expedited Mediation/Arbitration process in accordance with the
negotiated Protocol. It is not necessary to reproduce the entire Protocol. Suffice
to say, that the parties have agreed to a True Mediation/Arbitration process
wherein each party provides the Arbitrator with their submissions setting out the
facts and the authorities they respectively will rely upon. This decision is issued
in accordance with the Protocol and with Article 22.16 of the collective
agreement; and it is without prejudice or precedent.
[2] The grievor is employed as a Correctional Officer 1 with a hire date of March 12,
2018.
[3] As of December 2018, the grievor was working at the Thunder Bay Correctional
Centre.
[4] Initially, the grievor made a request for time off for certain days in December
2018. That request was denied.
[5] The grievor subsequently booked off sick with respect to certain of the days that
the grievor had initially requested time off for.
[6] The Employer requested the grievor supply a medical note regarding the days in
question. The grievor complied with that request and supplied the medical note.
[7] The grievor seeks to be reimbursed $40.00 for the cost of the medical note.
- 3 -
[8] The Employer has refused to reimburse the grievor for the cost of the note on the
basis that it had reasonable grounds to suspect sick leave abuse on the part of
the grievor.
[9] It is my view, consistent with the decision of the GSB in Re: Hernden/Larkin
2370/11 3166/11 (Dissanayake) that the Employer is not obligated to reimburse
the grievor for the cost of the supplied medical note. Pursuant to Article 44.10,
the Employer had a reasonable basis to request the note in question and as
determined by Arbitrator Dissanayake in Hernden/Larkin, there is no requirement
under the collective agreement for the Employer to cover the cost of a medical
note that is properly sought pursuant to Article 44.10.
[10] Accordingly, the grievance is, hereby, dismissed.
Dated at Toronto, Ontario this 25th day of September, 2019.
“Brian P. Sheehan”
Brian P. Sheehan, Arbitrator