Loading...
HomeMy WebLinkAbout2004-3331.Morgan.07-06-25 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# 2004-3331 UNION# 2004-0719-0018 THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT BETWEEN BEFORE FOR THE UNION FOR THE EMPLOYER HEARING Before THE GRIEVANCE SETTLEMENT BOARD Ontario Public Service Employees Union (Morgan) - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Barry Stephens Stephen Giles and Scott Andrews Grievance Officers Ontario Public Service Employees Union Rena Khan and Faith Crocker Staff Relations Officers Ministry of Community Safety and Correctional Services June 21,2007. Union Employer Vice-Chair 2 Decision INTRODUCTION The Ministry and OPSEU have agreed to a Med-Arb Protocol, signed February 27, 2006. Although Kenora Jail is not one of the institutions covered by the protocol, the parties agreed on June 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 was involved in escort training in November 2004. During the training he was exposed to pepper spray and had a bad reaction to the substance. He initially went home, but subsequently contacted the instructor to advise that he was not getting better. The instructor took the grievor to the hospital where he received treatment. The grievor claims three hours pay for the time spent in the hospital. The employer responds that, after suffering any injury in the workplace, an employee is entitled to claim compensation to replace lost wages, not to claim wages as overtime to cover time spent receiving treatment. 3 DECISION The grievance is dismissed. Dated at Toronto, this 25th day of June, 2007. Barry