HomeMy WebLinkAbout2020-0301.Paulin.20-11-03 DecisionCrown 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# 2020-0301
UNION# 2019-0618-0010
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Paulin) Union
- and -
The Crown in Right of Ontario
(Ministry of Children, Community and Social Services) Employer
BEFORE
Ian Anderson
Arbitrator
FOR THE UNION
Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Karen Martin
Treasury Board Secretariat
Employee Relations Advisor
HEARING October 27, 2020 (by videoconference)
-2-
DECISION
[1] This decision is issued in accordance with Article 22.16 of the collective agreement,
and is without precedent. The parties agreed to proceed on the basis of
representations and submissions and have requested a decision without reasons.
[2] The Grievor is a Youth Services Officer. At the commencement of her shift on October
31, 2019 she advised her supervisor that she would be unable to stay to work overtime
following the shift. Her supervisor subsequently directed her to work overtime. The
Grievor then advised the supervisor that she had to attend a medical appointment.
Another Youth Services Officer was found to work the overtime and relieved the
Grievor at the end of her shift. The Grievor was, however, directed to provide a note
from her doctor confirming the fact of her appointment. The Grievor asserts that other
Youth Services Officers in similar circumstances are only required to write an
Occurrence Report. The Grievor provided a receipt from a parking lot of a doctor’s
office instead. The Employer insisted again upon a medical note. The Grievor
provided one, but the address of the doctor providing the note differed from that listed
on the earlier parking lot receipt. She filed this grievance seeking $20 to cover the cost
of the note. (The Union asserts the Employer has a policy of paying for such notes.)
The grievance also seeks a declaration that the Grievor was subject to bullying and
harassment, an order that the Employer ensure she is no longer subject to such
conduct and $5,000 in general damages.
[3] Having considered the representations and submissions of the parties, the Employer is
directed to pay the Grievor $20 to cover the cost of the medical note. In all other
respects the grievance is dismissed.
Dated at Toronto, Ontario this 3rd day of November, 2020.
“Ian Anderson”
_____________________
Ian Anderson, Arbitrator