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HomeMy WebLinkAbout2009-2763.Conboy.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#2009-2763 UNION#2009-0108-0097 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Conboy) 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] In the spring of 2009 Jeff Conboy was a fixed term Correctional Officer. He called in to report that he was too ill to work on Saturday April 18, 2009. He was asked by the Operational Manager to provide a medical certificate when reporting back to work. He filed a grievance after he was not paid for the shift he absented. [3] According to the grievor, everyone who reported ill during this weekend was asked for a medical certificate and while there might have been some institutional concern, to ask him for a medical certificate was a violation of article 31.A.8.3. The grievor ultimately provided a note written on April 29, 2009 stating that he had presented to a particular clinic on April 29, 2009. Not surprisingly, the Employer found that note to be insufficient. [4] The Union urged that the Employer asked everyone that weekend for a medical note and contended that the grievance should be uphelf because the Employer must take each individual circumstance into account when asking for medical certificates. [5] The Employer agreed that there was a number of staff sick that weekend but denied that all were asked for medical certificates. It was contended that managerial staff utilized discretion in the requests for medical certificates during this period. - 3 - [6] The Employer provided documents from the time period that revealed that while a number of the staff were asked for medical certificates it could be said that all staff who reported ill during this weekend were so instructed. It appears that there was managerial discretion exercised in these requests. [7] There is no violation of the Collective Agreement and the grievance is denied. Dated at Toronto, Ontario this 14th day of October 2015 Felicity D. Briggs, Vice-Chair