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HomeMy WebLinkAbout2007-1138.Yole.08-07-03 Decision Commission de Crown Employees Grievance Settlement règlement des griefs Board des employés de la Couronne Suite 600 Bureau 600 180 Dundas St. West 180, rue Dundas Ouest Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tél. : (416) 326-1388 Fax (416) 326-1396 Téléc. : (416) 326-1396 GSB# 2007-1138 UNION# 2007-0234-0137 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Yole) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFOREVice-Chair Barry Stephens FOR THE UNION Scott Andrews, Stephen Giles, Peter Wright Grievance Officers Ontario Public Service Employees Union FOR THE EMPLOYER Greg Gledhill and Faith Crocker Staff Relations Officers Ministry of Community Safety and Correctional Services HEARING May 22, 2008. 2 Decision The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not necessary to reproduce the entire Protocol here. Suffice it to say that 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. This decision is issued in accordance with the Protocol and with Article 22.16 of the collective agreement, and is without prejudice or precedent. The grievor asserts that the employer?s Attendance Support Program (ASP) should be amended in order to provide for an allowance for a higher personal threshold in circumstances where an employee is working overtime well beyond the normal working year. The employer responds that such a change might encourage abuse of the system, by rewarding employees for working more overtime shifts while calling in sick for regular shifts; that it would be difficult to administer, since there is no way to determine overtime in advance, leading to a rolling calculation for the personal threshold; and, finally, that the ASP is a reasonable attendance monitoring program within management rights to promulgate and administer. After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the grievance should be dismissed. rd Dated at Toronto, this 3 day of July, 2008. Barry Stephens, Vice-Chair