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HomeMy WebLinkAbout2008-3860.Morrell.09-04-22 Decision Commission de Commission de Crown Employeess Grievance Settlement Grievance Settlement règlement des griefs règlement des griefs BoardBoard des employés de la des employés de la Couronne Couronne Suite 600 Suite 600 Bureau 600 Bureau 600 180 Dundas St. West 180 Dundas St. West 180, rue Dundas Ouest 180, rue Dundas Ouest Toronto, Ontario M5G 1Z8 Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tel. (416) 326-1388 Tél. : (416) 326-1388 Tél. : (416) 326-1388 Fax (416) 326-1396 Fax (416) 326-1396 Téléc. : (416) 326-1396 Téléc. : (416) 326-1396 GSB#2008-3860, 2008-3861 GSB#2008-3860, 2008-3861 UNION#2009-0521-0011, 2009-0521-0012 UNION#2009-0521-0011, 2009-0521-0012 IN THE MATTER OF AN ARBITRATION IN THE MATTER OF AN ARBITRATION UUnnddeerr THE CROWN EMPLOYEES COLLECTHE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT TIVE BARGAINING ACT BBeeffoorree THE GRIEVANCE SETTLEMENT BOARD THE GRIEVANCE SETTLEMENT BOARD BETWEENBETWEEN Ontario Public Service Employees Union (Morrell) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFOREVice-Chair Barry Stephens FOR THE UNION Anastasios Zafiriadis, Frank Inglis, Greg McVeigh Grievance Officers Ontario Public Service Employees Union FOR THE EMPLOYERGary Wylie, Sean Milloy Staff Relations Officers Ministry of Community Safety and Correctional Services HEARINGApril 1, 2009. Decision [1]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. 1 ? 2009-0521-0011 [2]This grievance relates to the grievor?s accommodation and allegations of harassment. The grievor was on accommodation in November and December 2008. He alleges that in early January he brought a medical certificate to extend the accommodation but the employer did not implement the extension. The employer asserts that the grievor did not provide the documentation. The grievor produced a receipt for a medical certificate but did not produce a copy of the certificate. In addition, the grievor agreed that he advised one of his supervisors early in January 2009 that he no longer required accommodation, claiming that he did so under pressure from the employer. The grievor seeks compensation for expenses related to acquiring medical certificates, and for sick time to cover his past absences, as well as upcoming time off required for upcoming surgery. [3]After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the grievance should be upheld in part. The grievor is awarded five days pay to be used to cover future time off related to his surgery. 2 ? 2009-0521-0012 [4]The grievor alleges he was subject to discriminatory treatment. He cites an incident when he was required to wear a tie while working at the reception area, whereas his relief was not instructed to wear a tie. This grievance is dismissed. nd Dated at Toronto this 22 day of April 2009. Barry Stephens, Vice-Chair