HomeMy WebLinkAbout2010-0521.McDonald.11-10-17 DecisionCommission de
Crown Employees
Grievance
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Settlement Board
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Couronne
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GSB#2010-0521
UNION#2010-0517-0014
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(McDonald)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
M. Brian Keller
FOR THE UNION
Scott Andrews and Tim Mulhall
Ontario Public Service Employees Union
Grievance Officers
FOR THE EMPLOYER
Rachel McNamara
Ministry of Government Services
Centre for Employee Relations
Employee Relations Advisor
HEARINGOctober 14, 2011.
- 2 -
Decision
[1]The Employer informed the Union of its intention to introduce an Attendance Support and
Management Pilot Program. The Union took issue with the intention of management to
introduce the Plan as well as various aspects of it. The parties agreed to, and participated in, a
consultation process under the aegis of the GSB.
[2]There was no question that, in accordance with applicable arbitral jurisprudence, the
Employer had the right to introduce such a Plan. Consequently, the consultation focused on the
details of the Plan to ensure that its application would be fair, equitable and consistent and in
accordance with the applicable laws. Ultimately, a decision had to be issued by the Board
(Benko et al, GSB #2009-2821) to resolve issues outstanding between the parties.
[3]As part of that Decision, the parties were ordered to negotiate a dispute resolution process to
deal with grievances arising out of the implementation and application of the Plan. The parties
subsequently agreed to use an expedited mediation/arbitration process to resolve outstanding
grievances. The process is to deal with the application or administration of the Plan to individual
employees. The process will NOT deal with any question of whether the Employer has the right
to introduce such a Plan, or the modalities of it as it is currently constituted, as those issues have
already been determined. It is understood, however, that any changes to the Plan can be
reviewed by the Union.
[4]The first med/arb session was held on October 14, 2011. The parties were able to resolve all
grievances dealt with except two. It was agreed to hold one of the outstanding ones in abeyance
pending further discussions between the parties, with the assistance of the Board. The second,
the grievance of Mr. McDonald, is the subject of this decision.
[5]I have considered the issue raised by the grievor. In my view, he has an imperfect
understanding of the law and has based his grievance on that misunderstanding. Consequently, I
find no merit to his grievance, which is hereby dismissed.
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Dated at Toronto this 17 day of October 2011.
M. Brian Keller, Vice-Chair