HomeMy WebLinkAbout2005-2144.Hutton.07-01-31 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# 2005-2144
UNION# 2005-0368-0084
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
(Hutton)
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Barry Stephens
Scott Andrews
Grievance Officer
Ontario Public Service Employees Union
Karen Martin
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
December 14, 2006.
January 17,2007.
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 relocated to CECC from Brockville in May 2005. When he first arrived at CECC,
he was asked to provide medical documentation to support an ongoing accommodation to work
straight nights. The last time he had provided a medical certificate to support the
accommodation was in early 2004. The grievor asserts that, having just started at CECC, he did
not have a physician in the Lindsay area, so he was required to secure documentation from his
doctor in Brockville. As a result, he claims both mileage (730 kms) from Lindsay to Brockville,
as well as 8 hours overtime pay for the travel required.
The employer responds that it does not pay for such expenses, and restricts compensation for
medical certificates to the fee, if any, charged by the physician for the preparation of the
document.
3
DECISION
The grievance is dismissed.
Dated at Toronto, this 31 st day of January, 2007.