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HomeMy WebLinkAbout2012-1122.Sirrs.17-04-05 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#2012-1122 UNION#2012-0368-0076 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Sirs) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Brian P. Sheehan Vice-Chair FOR THE UNION Dan Sidsworth Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Laura McCready Treasury Board Secretariat Centre For Employee Relations Employee Relations Advisor HEARING March 28, 2017 - 2 - Decision [1] The Employer and the Union at the Central East Correctional Centre (CECC) agreed to participate in the Expedited Mediation/Arbitration process in accordance with the negotiated Protocol. It is not necessary to reproduce the entire Protocol. Suffice to say, that the parties have agreed to a True Mediation/Arbitration process wherein each party provides the Vice-Chair with their submissions setting out the facts and the authorities they respectively will rely upon. This decision is issued in accordance with the Protocol and with Article 22.16 of the collective agreement; and it is without prejudice or precedent. [2] This Award concerns a grievance filed by the grievor asserting that the Employer improperly and arbitrarily deducted monies from his pay. [3] The grievor is employed as a Correctional Officer 2 and has been an employee of the Employer for over twenty-six years. [4] It is not disputed that on January 15, 2012, the grievor failed to sign in and sign out as required on the sign-in/sign-out form, with respect to the hours he worked that day. Notwithstanding that fact, the grievor was initially paid for those hours of work. [5] Further to the grievor not signing in and signing out as required, HPRO (the Employer’s payroll software program) subsequently generated an “absence report” indicating that the grievor was absent from work on January 15, 2012. Accordingly, the monetary value of the pay the grievor received for the hours he worked on January 15, 2012 was deducted from the grievor’s pay in an ensuing pay period. - 3 - [6] Upon becoming aware of the deduction to his pay, the grievor contacted a payroll clerk in administration at CECC and advised her of the error that had been made regarding his pay for January 15, 2012. Ultimately, the grievor contacted the General Duty Manager and attended the CECC on a day off from work, in an effort to straighten out the issue regarding the deduction of monies from his pay. [7] Shortly thereafter, an adjustment to the grievor’s pay was made reimbursing him for the monies that had been deducted from his pay. [8] It is the position of the Union and the grievor that, notwithstanding the failure of the grievor to sign in and out on January 15, 2012, there were a number of ways for the Employer to verify that the grievor was, in fact, at work that day. For example, it was suggested that it was the responsibility of the grievor’s supervisor to review and “sign off” on the sign-in/sign-out form; and, if that had been done properly, then the grievor’s attendance at work on that day would have been affirmed. It was further asserted that the Employer should contact an employee to verify he/she was absent on the day in question prior to unilaterally deducting monies from his/her pay. [9] The grievor seeks to be credited with a vacation day in relation to the efforts he expended to have his pay correctly adjusted. [10] The grievor’s sense of frustration in having the monies in question unilaterally deducted from his pay is, at one level, appreciated. There is, however, no basis to conclude that a violation of the collective agreement arose in the circumstances. That conclusion is reached, firstly and fore mostly, because the undisputed precipitating event that led to the dispute regarding the grievor’s pay arose out of his own failure to fill out the sign-in/sign-out sheet as required. In this regard, it could be suggested that it is - 4 - a bit much for the grievor to be claiming relief, considering the fact that the deduction of the monies in question arose from his own failure to follow the proper protocol. Moreover, and just as importantly, the Employer acted quickly to rectify the situation upon the “error” in the grievor’s pay being brought to its attention. [11] Accordingly, the grievance is, hereby, dismissed. Dated at Toronto, Ontario this 5th day of April 2017. Brian P. Sheehan, Vice-Chair