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HomeMy WebLinkAbout1996-1914.Barnes.96-12-18EMPLOY& DE LA CQURONNE Lx LtwlARD COMMISSION RiGLEMENT DES GRIEFS 180 DUNDAS STREET WES’I: SUITE 2100, TORONTO ON M5G lZ8 180, RUE DUNDAS OUEST, BUREAU 2100, TORONTO (ON) M5Q lZ8 BETWEEN BEFORE FOR TEE GRIEVOR FOR THE EMPLOYER DE TELEPHONE/TEkiPHONE : (416) 326-7388 FACSlMlLE/T~LriCoPrE : (416) 326-1395 GSB # 1914/96 OPSEU # 963061-4,963066-86 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before TEE GRIEVANCE SETTLEMENT BOARD OPSEU (Barnes et al) - and - Grievor The Crown in Right of Ontario (Ministry of the Solicitor General & Correctional Services) Employer R.J. Roberts Vice-Chairperson G. Leeb Grievance Officer Ontario Public Service Employees Union D. Chiro Coordinator, C.A. Negotiaions Management Board Secretariat HEARING November 19, 1996 1 AWARD In this case, the grievors, who were scheduled to work as essential workers during the strike, claimed sick pay for shifts they missed on the evening of March 10 and morning of March 11, 1996. Each grievor missed one shift. The employer refused to pay sick leave to the grievors, claiming that they had not been ill but had been participating in an illegal strike. An Order of the Ontario Labour Relations Board dated March 11, 1996, was entered into evidence. This document ordered into effect a memorandum of settlement between the employer and the union, in which the union, inter alia, acknowledged “the in failing to provide for essential services and emergency back-up staff on the evening of March 10, 1996 and the morning of March 11, 1996 it breached the essential services and emergency services protocol of the Essential Services Agreement.” The grievors, the employer noted, were among the staff who participated in this event. This showed that they were not ill as they contended, but were instead participating in the event that 2 led to the foregoing acknowledgement of the union. As a result, it was submitted, they were not entitled to sick pay. I agree. The grievors allegedly were sick for only the shifts in the time period during which the union acknowledged that “it failed to provide for essential services and emergency back-up staff.” This striking coincidence leads to a strong inference that they were not ill but using claims of illness to support the job action acknowledged by the union. The grievance is dismissed. Dated at Toronto, Ontario, this 18th day of December, 1996.