HomeMy WebLinkAbout2005-0838.Dickson.06-10-16 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
reglement des griefs
des employes de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tel. : (416) 326-1388
Telec. : (416) 326-1396
IN THE MATTER OF AN ARBITRATION
Under
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Ontario
GSB# 2005-0838
UNION# 2005-0248-0047
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
BETWEEN
BEFORE
FOR THE UNION
FOR THE EMPLOYER
HEARING
SUBMISSIONS
Before
THE GRIEVANCE SETTLEMENT BOARD
Ontario Public Service Employees Union
(Dickson)
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Barry Stephens
Dan Sidsworth
Grievance Officer
Ontario Public Service Employees Union
Mary-Jo Knappett
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
May 24, 2006
September 1,2006.
Union
Employer
Vice-Chair
2
Decision
INTRODUCTION
The parties have agreed to a Med-Arb Protocol, signed February 27, 2006. It is not necessary to
reproduce the entire Protocol here. Suffice it to say that, as part of the Protocol, the parties have
agreed to a "True Mediation-Arbitration" process, wherein each provides the vice-chair with
submissions, which include the facts and authorities each relies upon. The process adopted by
the parties provides for a canvassing of the facts during the mediation phase under the Protocol.
Arbitration decisions are issued in accordance with Article 22.16 of the collective agreement,
without reasons, and are without prejudice or precedent. The parties were unable to resolve this
matter in mediation. Accordingly, the matter has been referred to me as a True
Mediation/Arbitration decision under the Protocol.
At the beginning of the session on May 24, 2006, it was determined that the union had not
provided the employer with full or appropriate Appendix B' s, as required under the Protocol, and
as a result, the employer had been unable to prepare appropriate Appendix C's. I met with the
representatives of the parties, and it was agreed the three-day mediation session would proceed.
In order to assist the parties, I advised that the union would be expected to prepare appropriate
Appendix B' s prior to the discussion of any specific case. This they did, and, in the process,
numerous grievances were withdrawn by the union. The employer then reviewed each grievance,
and mediation was attempted. There were a number of grievances referred to arbitration, and the
employer was provided with a full opportunity to submit formal Appendix C's after the session.
3
FACTS
The grievor claims that she was improperly denied the opportunity to work the statutory holidays
Good Friday, Easter Monday in 2005. She alleges she was denied the opportunity to work based
on her medical accommodation, even though there was work available for her on all three days
that she could have performed. She seeks compensation for each day. The employer responds
that the grievor was returned to work under a mutually agreed plan that involved her working a
temporary training assignment during the period in question. The training assignment was
surplus to compliment and staff training is not conducted on statutory holidays.
DECISION
The grievance is dismissed.
Dated at Toronto, this 16th day of October ,2006.