HomeMy WebLinkAbout2017-0259.Union.18-01-31 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
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB# 2017-0259
UNION# 2016-0999-0044
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Union) Union
- and -
The Crown in Right of Ontario
(Ministry of Government and Consumer Services) Employer
BEFORE Nimal Dissanayake Arbitrator
FOR THE UNION John Brewin
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Caroline Cohen
Treasury Board Secretariat
Senior Counsel
HEARING DATE January 23, 2018
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DECISION
[1] When the instant union grievance came before the Board, the parties agreed to
engage in settlement discussions with my assistance as mediator. Following
mediation the parties executed a Memorandum of Settlement, resolving the
grievance.
[2] The Memorandum of Settlement included the following terms;
1. In accordance with the Benko et al decision, absences flowing from
a disability as defined by the Code must be precluded, both for the
purposes of entry and progression through the ASMP. Where an
employee has provided information that indicates that an absence
flows from such a disability, it shall be precluded. For the purpose
of excluding an absence from the ASMP, the Employer shall not
insist that an employee’s medical practitioners use any particular
language and shall accept any note provided by a legally qualified
medical practitioner which indicates that the absence was related to
a disability, including, but not limited to, notes which refer to a
chronic medical condition. Employees’ doctors will not be required
to stipulate that their patient had a disability “as defined by the
Code.”
2. No later than April 30, 2018, in respect of the Unified bargaining
unit, the Employer will review the files of employees who remain in
the ASMP, to determine whether any absences ought to have been
precluded, and will advise the Union of the results of its review.
By October 30, 2018 the Union will identify individual cases which,
arising from the Employer review, it believes should be precluded
and/or which have outstanding remedial issues.
3. If any disputes regarding preclusion of any Unified employees’
absences remain following the Unified bargaining unit review, they
may be referred to Arbitrator Dissanayake, who will have
jurisdiction to hear and determine those issues, including the
jurisdiction to determine how to expedite the process.
4. The implementation of Paragraph 1, with respect to the
Correctional bargaining unit, shall be referred back to the Parties.
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[3] The parties jointly requested that the foregoing terms be issued as an order of the
Board. In accordance with that agreement, it is hereby ordered that the foregoing
terms shall constitute, and have the effect of, an order of this Board.
Dated at Toronto this 31st day of January, 2018.
“Nimal Dissanayake”
_______________________
Nimal Dissanayake, Arbitrator