HomeMy WebLinkAbout2010-1961.Kujtan et al.13-07-02 DecisionCrown 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#2010-1961; 2010-1962; 2010-1963; 2010-1964; 2010-1965;
2010-1966; 2010-1967; 2010-1968; 2010-1969
UNION# 2010-0234-0242; 2010-0234-0243; 2010-0234-0244; 2010-0234-0245; 2010-0234-0246;
2010-0234-0247; 2010-0234-0248; 2010-0234-0249; 2010-0234-0250
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Kujtan et al) Union
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The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Felicity Briggs Vice-Chair
FOR THE UNION Jackie Crawford
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Bart Nowak
Ministry of Government Services
Employee Relations Advisor
HEARING June 5, 2013
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Decision
[1] The Employer and the Union at the Maplehurst Correctional Centre agreed to participate
in the Expedited Mediation-Arbitration process in accordance with the negotiated
Protocol. Some of the grievances were settled through that process. However, a few
grievances remained unresolved and therefore require a decision from this Board. The
Protocol provides that decisions will be issued within a relatively short period of time
after the actual mediation sessions and will be without reasons. Further, the decision is to
be without prejudice and precedent.
[2] A number of grievances were filed by Correctional Officers regarding the Employer’s
failure to pay the attendance bonus on hours they were absent from the workplace due to
STSP, LTIP and WSIB.
[3] It was the Employer’s view that this matter has already been decided by the Board and
the grievances must be dismissed. The Union urged that it would be discriminatory to
disallow time absent from the workplace due to employees’ disability.
[4] After careful consideration of the facts and submissions made in this case, I am of the
view that the Employer’s view is correct. Indeed, this precise matter was put before Vice
Chair Abramsky in Re MCSCS & OPSEU (Union) GSB#2010-0405. In that case, she
said, at paragraph 49:
Finally, the exclusion of time away from work on leaves that
might be based on a disability (potentially STSP, LTIP,
WSIB) or a protected basis (maternity leave) is not a
violation of the Ontario Human Rights Code. It is well-
established in the judicial and arbitral jurisprudence that a
“work driven” benefit may be based on hours worked, and an
employer does not discriminate against an employee when it
withholds a work-driven benefit from an employee who is
absent due to maternity, paternity, illness or another
protected category. In Re Ontario Nurses’ Association and
Orillia Soldiers’ Memorial Hospital, [1999], 42 O.R. (3d)
692 (Ont. CA), at par. 58, it was recognized that “[r]equiring
work in exchange for compensation is a reasonable and bona
fide requirement.” …..
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[5] Accordingly, the grievances are dismissed
Dated in Toronto this 3rd day of July, 2013.
Felicity Briggs, Vice-Chair