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HomeMy WebLinkAbout2022-9191.Ray.2022-12-21 Decision Crown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 GSB# 2022-9191 UNION# 2022-0368-2090 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Ray) Union - and - The Crown in Right of Ontario (Ministry of the Solicitor General) Employer BEFORE Deborah Leighton Arbitrator FOR THE UNION Gregg Gray Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Hiona Murray Treasury Board Secretariat Employee Relations Advisor HEARING December 7, 2022 - 2 - Decision [1] Ms. Susan Ray, a Correctional Officer at the Central East Correctional Centre, filed a grievance on September 30, 2022, alleging that the employer breached the collective agreement and any other pertinent legislation, when during an Employee Attendance Support Program meeting, she was advised that if updated medical information was not provided by a certain date, her short term sick benefits may not be approved. [2] The grievor submitted that this amounted to harassment and bullying and sought compensation. The employer submitted that there was no threat and no violation of the collective agreement, or other pertinent legislation. [3] The parties referred this grievance to mediation/arbitration in accordance with Article 22.16 of the collective agreement. At the outset of the hearing, the parties agreed that I had the jurisdiction to deal with this matter. They asked that I issue a decision without precedential value and without written reasons. [4] There was no evidence to support a breach of the collective agreement or other pertinent legislation or policies. [5] Consequently, having carefully considered the submissions of the parties on the allegations of the breach of the grievor’s rights and the jurisprudence of the Board, I hereby deny the grievance. Dated at Toronto, Ontario this 21st day of December 2022. “Deborah Leighton” Deborah Leighton, Arbitrator