HomeMy WebLinkAbout2005-3307.Young.07-10-22 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
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Ontario
GSB# 2005-3307
UNION# 2005-0234-0678
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
(Young)
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Reva Devins
Scott Andrews
Grievance Officer
Ontario Public Service Employees Union
Rena Khan
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
October 16, 2007.
Union
Employer
Vice-Chair
2
Decision
The parties have agreed to use the Expedited Mediation-Arbitration Protocol to resolve
grievances at the Maplehurst Correctional Complex. It is not necessary to reproduce the entire
Protocol here. It is sufficient to state that the parties have agreed that this matter is to be decided
as a "True Mediation-Arbitration". The Vice Chair, based on the evidence provided during the
mediation session, is required to immediately resolve a grievance following a failed mediation.
The Vice Chair's decision will be without reasons, without precedent and prejudice and issued
within 15 days.
In this case, the grievance asserts that the grievor was ill and unable to complete three pre-
booked overtime shifts as a consequence of management's failure to address outstanding health
and safety concerns. The grievor also seeks reimbursement for the cost of obtaining a medical
note with time and mileage.
Having heard the submissions of the parties, I am satisfied that there was a legitimate,
unresolved heath and safety issue that led to the grievor missing three scheduled overtime shifts
of twelve hours each. I would allow the grievance and order that the grievor be reimbursed the
cost of obtaining a medical note and be provided forty eight hours of compensating time. The
grievor is not, however, entitled to mileage or pay with respect to the time required to obtain a
medical note.
~Da~ed at Toror;to this 22nd day of October 2007
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Reva Devins
Vice-Chair