HomeMy WebLinkAboutP-2020-0040.Huggard.21-06-08 Decision
Public Service
Grievance Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission des
griefs de la fonction
publique
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
PSGB# 2020-0040
IN THE MATTER OF AN ARBITRATION
Under
THE PUBLIC SERVICE OF ONTARIO ACT
Before
THE PUBLIC SERVICE GRIEVANCE BOARD
BETWEEN
Huggard Complainant
- and –
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Marilyn A. Nairn Vice Chair
FOR THE
COMPLAINANT
Courtney Huggard
FOR THE EMPLOYER
Braden MacLean
Treasury Board Secretariat
Legal Services Branch
Counsel
SUBMISSIONS May 28, 2021
- 2 -
Decision
[1] This is one of a number of complaints filed with the Board by Health Care
Managers who work in correctional institutions across the province. The complaints each
make a claim for temporary ‘pandemic pay’. The complaint filed by Gerald Bryan in Board
File #P-2020-0022 proceeded to hearing as a representative complaint. The remaining
files were held in abeyance pending the outcome of that complaint. That complaint was
heard on March 30, 2021 and a decision was issued on April 26, 2021. The Board made
the following finding:
[30] This Board, however, has no authority to create or introduce a term or
condition of employment that does not already exist in an employee’s contract of
employment. The Board’s role is one of enforcing existing terms. Having regard to
all of the above, I find that there is no term or condition of employment entitling Mr.
Bryan to temporary pandemic pay, either under Regulation 241/20 which does not
extend to management personnel, or, in the same manner as that introduced
exclusively for Sergeants and Staff Sergeants in adult correctional facilities.
[31] In the result, this complaint is hereby dismissed.
[2] Following the release of that decision, the Board forwarded a copy of the
decision to this complainant with the following direction:
As you are aware, your complaint has been held in abeyance pending the
outcome of complaint P-2020-0022. That complaint has now been heard and
the Board’s decision in that file is attached.
The Board requests that you review the decision enclosed and forward your
submissions to the Board, with a copy to Employer Counsel, Mr. Braden
MacLean, to be received not later than May 28, 2021. The submissions must
state how you intend to proceed with your complaint in light of the attached
decision.
Based upon the submission requested, the Board may:
1. Dismiss the complaint without a hearing, if the submissions
regarding the complaint are not received by the Board on the date set;
2. Decide that there is a need for a hearing to deal with any issue;
3. Request further submissions from you and/or the employer before
deciding whether or not to hold a hearing;
4. Dismiss the complaint without a hearing if the Board determines the
complaint does not make out a case for the remedies requested.
After reviewing the attached decision you do have the option of withdrawing
the application. If you decide to withdraw, please forward a statement saying
you are withdrawing your complaint to the Board in writing with a copy to the
Employer Counsel.
- 3 -
[3] Further to that direction, the Board has received no response from the
complainant. Therefore, and having regard to that direction, this complaint is hereby
dismissed.
Dated at Toronto, Ontario this 8th day of June, 2021.
“Marilyn A. Nairn”
________________________
Marilyn A. Nairn, Vice-Chair