HomeMy WebLinkAbout2006-1644.Steffler.07-01-30 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas Sl. 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
Nj
~
Ontario
GSB# 2006-1644
UNION# 2006-0234-0307
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
BETWEEN
BEFORE
FOR THE UNION
FOR THE EMPLOYER
HEARING
DEADLINE FOR
WRITTEN
SUBMISSIONS
Before
THE GRIEVANCE SETTLEMENT BOARD
Ontario Public Service Employees Union
(Steffler)
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Barry Stephens
Stephen Giles
Grievance Officer
Ontario Public Service Employees Union
Pauline Jones
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
December 6,2006.
December 19, 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.
FACTS
The grievor was sick and absent for a total of 20 days during the seven-month period from
January 1 to July 31, 2006. During the same period of time, he worked 35 overtime shifts. The
grievor's attendance exceeded the monitored threshold, and he was placed under Step 1 of the
Attendance Support Program. He received a notice to this effect from the employer. With the
notice, there was a form called the "Request for Employee Health Information". This form was
intended for Mr. Steffler's physician. It is to be used, at the employee's discretion, to provide
medical information in order to support a higher "individual" attendance threshold than that
normally applied. The form notes the fact that the grievor had been sick 20 days and had worked
35 overtime shifts during the seven-month period.
3
The grievor objects to the mention of his overtime shifts in the form, and seeks to have it
removed prior to showing it to his doctor. The employer responds that there is no obligation on
the grievor to show the form to his doctor, and that he need only do so if he wishes to obtain a
higher attendance threshold. The link between the sick time and the overtime is, the employer
asserts, reasonable. The employer points to the fact that there have recently been some
employees who have earned higher than average annual incomes as correctional officers, while
failing to maintain average levels of attendance. The employer is concerned about this pattern,
and wishes to gather appropriate information.
DECISION
The grievance is dismissed.
Dated at Toronto, this 30th day of January, 2007.
Barry