HomeMy WebLinkAbout2008-0289.Capstick.09-05-08 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
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GSB#2008-0289, 2008-0290, 2008-0690, 2008-0691, 2008-0692, 2008-0693
UNION#2008-0108-0077, 2008-0108-0078, 2008-0108-0089, 2008-0108-0090, 2008-0108-0091,
2008-0108-0092
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Capstick)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREBarry Stephens Vice-Chair
FOR THE UNIONFrank Inglis
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYERKaren Martin
Ministry of Community Safety and
Correctional Services
Staff Relations Officer
HEARING
November 27, 2008.
SUBMISSIONS
March 2, 2009.
2
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.
[2]The six grievances can be addressed together. They arose as part of a dispute between
the grievor and a manager about the grievor?s attendance. The same issues were also
addressed as part of a WDHP complaint. The outcome of the WDHP process can be
summarized as follows:
1. The employer confirmed that at this time the grievor is not required to bring a
medical certificate to support medical absences.
2. The employer confirmed that the grievor is not suspected of abusing sick leave.
3. The grievor is not required to deal directly with the Staff Services Manager directly
with respect to attendance issue, and may do so through his union representative.
[3]The grievor accepts the first two points but argued that point 3 should be amended to
provide a different manager to whom he would report on attendance issues.
3
After considering the positions of the parties, it is my decision that the grievances should be
resolved on the basis of the three points set out above.
th
Dated at Toronto this 8 day of May 2009.
Barry Stephens, Vice-Chair