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HomeMy WebLinkAbout2005-2416.Bryan.07-03-05 Decision Crown Employees Grievance Settlement Board Commission de reglement des griefs des employes de la Couronne Nj ~ Ontario Suite 600 180 Dundas Sl. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tel. : (416) 326-1388 Telec. : (416) 326-1396 GSB# 2005-2416 UNION# 2005-0229-0023 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Bryan) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Barry Stephens Vice-Chair FOR THE UNION Stephen Giles and Scott Andrews Grievance Officers Ontario Public Service Employees Union FOR THE EMPLOYER Pauline Jones and Faith Crocker Staff Relations Officers Ministry of Community Safety and Correctional Services HEARING February 19,20 & 21, 2007. DEADLINE FOR WRITTEN SUBMISSIONS March 2, 2007. 2 Decision INTRODUCTION The Ministry and OPSEU have agreed to a Med-Arb Protocol, signed February 27, 2006. Although OCI is not one of the institutions covered by the protocol, the parties agreed on February 19,2007 to be bound by the terms of the protocol for this session. 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 reported to work on September 23, 2005 with an injured ankle. She believed she could complete her shift, but her ankle became increasingly sore. She went to health care and she was advised to report to the hospital to have her ankle x-rayed. Her immediate supervisor approved of a plan to have another employee drive the grievor to the Peel Memorial Hospital, which is a 15-20 minute drive from the facility. The grievor states that she advised her supervisor that she did not want to go to the hospital on her own due to personal reasons. She indicated that, if someone could drive her there and assist her into the building, she would then be able to take care of herself. However, although the grievor's immediate supervisor appears to 3 have approved the plan, the deputy superintendent became aware of the circumstances and decided it would not be appropriate for anyone to take the grievor to the hospital. Rather, she was offered the choice of an ambulance or a taxi. The grievor declined both of these options because of her personal issue. Instead, she called her husband, who arranged to take time off work to take her to the hospital. The grievor waited approximately three hours for her husband to arrive. The employer acknowledged that it is not unusual to offer a sick employee a ride home when the individual is not in a condition to drive. DECISION The grievor is awarded three hours compensating time. Dated at Toronto, this 5th day of March, 2007. Barry