HomeMy WebLinkAbout2005-3661.Hornbeck.06-05-08 Decision
Crown Employees Commission de Nj
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
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GSB# 2005-3661
UNION# 2006-0337-0001
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Hornbeck) Union
- and -
The Crown In RIght of Ontano
(Mimstry of ChIldren and Youth ServIces) Employer
BEFORE Reva DevIns Vice-Chair
FOR THE UNION Stephen GIles
Gnevance Officer
Ontano PublIc ServIce Employees Umon
FOR THE EMPLOYER Nicholas Sapp
Employee RelatIOns AdvIsor
Mimstry of ChIldren and Youth ServIces
HEARING May 2, 2006
2
DeCISIon
The partIes have agreed to an expedIted medIatIOn-arbItratIOn process to resolve gnevances at
the BrooksIde Youth Centre In Cobourg. Although a formal protocol has not been finalIzed, the
partIes have agreed to attempt to settle matters at medIatIOn and, If medIatIOn IS not successful, to
refer appropnate cases to expedIted arbItratIOn. The partIes specIfically agree that the Vice Chair
can hear the matter under ArtIcle 22 16 of the collectIve agreement and that the decIsIOn wIll be
wIthout preJudIce or precedent.
In thIS case, the gnevance asserts entItlement to call back pay for a phone call to the gnevor's
home requestIng that he bnng In a medIcal certIficate regardIng hIS absence on December 30
2005 The gnevor seeks four hours pay at the rate of tIme and one half
The facts pertaInIng to thIS matter were not In dIspute On December 30 2005 the gnevor called
In SICk. His manager suspected that the gnevor was abusIng the sIck leave provIsIOns and called
hIm at home to request that he attend at a physIcIan's office to obtaIn a medIcal note confirmIng
that hIS absence was due to Illness The gnevor produced the note, the employer accepted It, and
the gnevor was paid for the day
HavIng heard the submIssIOns of the partIes, I find that there IS no entItlement to call back pay
The partIes agreed that the employer was entItled to request a medIcal note from the gnevor for
the absence on December 30 2005 In these cIrcumstances, It was In the best Interests of all
partIes that management's request for supportIng medIcal documentatIOn be made In a tImely
manner There IS no oblIgatIOn to compensate the gnevor for the call
The gnevance IS dIsmIssed.
Dated at Toronto thIS 8th day of May 2006
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eva eVInS
Vice-Chair