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HomeMy WebLinkAbout2015-2716.Kolibaba.16-10-06 Decision Crown 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#2015-2716 UNION#2015-0504-0013 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Kolibaba) Union - and - The Crown in Right of Ontario (Ministry of Health and Long-Term Care) Employer BEFORE Daniel Harris Vice-Chair FOR THE UNION Avril Dymond Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Kevin Dorgan Treasury Board Secretariat Counsel CONFERENCE CALL September 29, 2016 - 2 - Decision [1] On April 1, 2015 the Center for Employee Health, Safety and Wellness implemented the Attendance Support and Management Program (ASMP), which coincided with the introduction of the Ontario Government’s Attendance Management Policy. [2] The Policy Statement is set out in paragraph 1.1 of the Policy: 1.1 The Ontario Public Service (OPS) is committed to effective and efficient management of employee attendance and balances the organization’s need to maximize workforce productivity with an employee's need for support when absent due to illness or injury. [3] In this matter, OPSEU grieves on behalf of Igor Kolibaba, an employee of the Ministry of Health and Long-Term Care, that he did not receive sufficient training on the ASMP prior to its implementation. Because of a number of absences due to illness, the grievor was placed into level 3 of the ASMP in or about August 2015. Effective July 21, 2016, the grievor was removed from all levels of the ASMP based on his attendance history up to that date. By way of redress, the union seeks a suspension of the ASMP pending adequate training being provided to all of its bargaining unit members in the OPS. [4] The parties referred this Grievance in accordance with Article 22.16 of the collective agreement, and the matter came before me on September 29, 2016. [5] Having carefully considered the submissions of the parties, and having reviewed the Agreed Statement of Facts, the documents filed and the jurisprudence relied upon; I find that there has been no breach of the collective agreement in this instance. The grievance is dismissed. Dated at Toronto, Ontario this 6th day of October 2016. Daniel Harris, Vice Chair