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HomeMy WebLinkAbout2018-3983.Ye.19-09-25 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#2018-3983 UNION# 2019-0708-0003 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Ye) Union - and - The Crown in Right of Ontario (Ministry of the Solicitor General) Employer BEFORE Brian P. Sheehan Arbitrator FOR THE UNION Dan Sidsworth Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Caroline Markiewicz Treasury Board Secretariat Employee Relations Advisor HEARING September 11, 2019 - 2 - Decision [1] The Employer and the Union at the Thunder Bay Correctional Centre agreed to participate in the Expedited Mediation/Arbitration process in accordance with the negotiated Protocol. It is not necessary to reproduce the entire Protocol. Suffice to say, that the parties have agreed to a True Mediation/Arbitration process wherein each party provides the Arbitrator with their submissions setting out the facts and the authorities they respectively will rely upon. This decision is issued in accordance with the Protocol and with Article 22.16 of the collective agreement; and it is without prejudice or precedent. [2] The grievor is employed as a Correctional Officer 1 with a hire date of March 12, 2018. [3] As of December 2018, the grievor was working at the Thunder Bay Correctional Centre. [4] Initially, the grievor made a request for time off for certain days in December 2018. That request was denied. [5] The grievor subsequently booked off sick with respect to certain of the days that the grievor had initially requested time off for. [6] The Employer requested the grievor supply a medical note regarding the days in question. The grievor complied with that request and supplied the medical note. [7] The grievor seeks to be reimbursed $40.00 for the cost of the medical note. - 3 - [8] The Employer has refused to reimburse the grievor for the cost of the note on the basis that it had reasonable grounds to suspect sick leave abuse on the part of the grievor. [9] It is my view, consistent with the decision of the GSB in Re: Hernden/Larkin 2370/11 3166/11 (Dissanayake) that the Employer is not obligated to reimburse the grievor for the cost of the supplied medical note. Pursuant to Article 44.10, the Employer had a reasonable basis to request the note in question and as determined by Arbitrator Dissanayake in Hernden/Larkin, there is no requirement under the collective agreement for the Employer to cover the cost of a medical note that is properly sought pursuant to Article 44.10. [10] Accordingly, the grievance is, hereby, dismissed. Dated at Toronto, Ontario this 25th day of September, 2019. “Brian P. Sheehan” Brian P. Sheehan, Arbitrator