HomeMy WebLinkAbout2022-9191.Ray.2022-12-21 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
GSB# 2022-9191
UNION# 2022-0368-2090
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Ray) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Deborah Leighton Arbitrator
FOR THE UNION Gregg Gray
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Hiona Murray
Treasury Board Secretariat
Employee Relations Advisor
HEARING December 7, 2022
- 2 -
Decision
[1] Ms. Susan Ray, a Correctional Officer at the Central East Correctional Centre,
filed a grievance on September 30, 2022, alleging that the employer breached the
collective agreement and any other pertinent legislation, when during an Employee
Attendance Support Program meeting, she was advised that if updated medical
information was not provided by a certain date, her short term sick benefits may
not be approved.
[2] The grievor submitted that this amounted to harassment and bullying and sought
compensation. The employer submitted that there was no threat and no violation
of the collective agreement, or other pertinent legislation.
[3] The parties referred this grievance to mediation/arbitration in accordance with
Article 22.16 of the collective agreement. At the outset of the hearing, the parties
agreed that I had the jurisdiction to deal with this matter. They asked that I issue a
decision without precedential value and without written reasons.
[4] There was no evidence to support a breach of the collective agreement or other
pertinent legislation or policies.
[5] Consequently, having carefully considered the submissions of the parties on the
allegations of the breach of the grievor’s rights and the jurisprudence of the Board,
I hereby deny the grievance.
Dated at Toronto, Ontario this 21st day of December 2022.
“Deborah Leighton”
Deborah Leighton, Arbitrator