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HomeMy WebLinkAbout2011-1272.Coull.15-10-14 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#2011-1272 UNION#2010-0108-0013 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Coull) 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 Nick Mustari Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Greg Gledhill Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor HEARING September 30, 2015 - 2 - Decision [1] The Employer and the Union at the Elgin Middlesex Detention Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. A number of the grievances were settled through that process. However, this grievance remained unresolved requiring 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] James Coull is a Correctional Officer who filed a grievance regarding the Employer’s implantation of the Attendance Support Management Program. He asserted that in February of 2010 a co-worker attended at the workplace ill and contagious with flu like symptoms. The grievor said that he asked his coworker why he did not simply stay home given his illness and was told that he was afraid of being absent due to the attendance program. According to the grievor, a few days later he became ill with similar symptoms. [3] By way of remedy the grievor asked that the Board order he be removed from the program and “to have the employer send people who are ill home to protect the other employees, specifically my health and safety.” [4] There was no medical evidence provided of any sort that might verify the grievor’s illness being the result of having worked with an ill co-worker. [5] While I understand the grievor’s concerns, I am of the view that there is no violation of the Collective Agreement. Dated at Toronto, Ontario this 14th day of October 2015 Felicity D. Briggs, Vice-Chair