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HomeMy WebLinkAbout2012-3417.Spitzig.13-11-21 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#2012-3417 UNION#2012-0225-0006 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Spitzig) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Felicity D. Briggs Vice-Chair FOR THE UNION Tim Mulhall Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Greg Gledhill Ministry of Government Services Centre for Employee Relations Employee Relations Advisor HEARING September 17, 2013 - 2 - Decision [1] Since the spring of 2000 the parties have been meeting regularly to address matters of mutual interest which have arisen as the result of the Ministry of Community Safety and Correctional Services as well as the Ministry of Children and Youth Services restructuring initiatives around the Province. Through the MERC (Ministry Employment Relations Committee) a subcommittee was established to deal with issues arising from the transition process. The parties have negotiated a series of MERC agreements setting out the process for how organizational changes will unfold for Correctional and Youth Services staff and for non Correctional and non Youth Services staff. [2] The parties agreed that this Board would remain seized of all issues that arise through this process and it is this agreement that provides me the jurisdiction to resolve the outstanding matters. [3] Over the years as some institutions and/or youth centres decommissioned or reduced in size others were built or expanded. The parties have made efforts to identify vacancies and positions and the procedures for the filling of those positions as they become available. [4] The parties have also negotiated a number of agreements that provide for the “roll-over” of fixed term staff to regular (classified) employee status. [5] Hundreds of grievances have been filed as the result of the many changes that have taken place at provincial institutions. The transition subcommittee has, with the assistance of this Board, mediated numerous disputes. Others have come before this Board for disposition. [6] It was determined by this Board at the outset that the process for this disputes would be somewhat more expedient. To that end, grievances are presented by way of statements of fact and succinct submissions. On occasion clarification has been sought from grievors and institutional managers at the request of the Board. This process has served the parties well. The decisions are without prejudice but attempt to provide guidance for future disputes. - 3 - [7] Paul Spitzig was a Correctional Officer working at the Walkerton Jail at the time of its closure. He grieved that the Employer denied him short term sickness plan in contravention of the collective agreement. [8] Mr. Spitzig elected to have a non-working notice period when surplussed. The period of his non-working notice was from April 18, 2012 until October 18, 2012. According to the grievor, he injured his knee on August 18th, 2012. However, he did not notify the Employer with a request for sick leave or notice of injury until November 2, 2012. [9] In his statement the grievor indicated that he did not notify the Employer of his injury sooner because he was unsure of the sick leave coverage or the process. He said that he was not sure how to report his injury or to whom it should be reported. Further, he was initially unaware of the extent of the injury or the needed recovery period. [10] According to the Employer it is typical that if an employee is injured during the period of their notice, the notice is halted and sick leave is granted. Once fit again, the notice period is then completed. [11] In this case, the grievor did not notify the Employer of any illness or injury until after his working notice period was concluded and therefore there is no entitlement to sick leave. I find it most odd that a Correctional Officer who had been with the Ministry since 1993 would be unaware of the sick leave plan and/or how to report an illness. Even if he was ignorant of the process, one phone call could have cleared up any uncertainty. [12] Accordingly, the grievance is dismissed. Dated at Toronto, Ontario this 21st day of November 2013. Felicity D. Briggs, Vice-Chair