HomeMy WebLinkAbout2009-3193.Brooks.11-10-31 DecisionCommission de
Crown Employees
Grievance
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Settlement Board
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Couronne
Suite 600 Bureau 600
180 Dundas St. West 180, rue Dundas Ouest
Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 7pO
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GSB#2009-3193
UNION#2009-0582-0150
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Brooks)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Randi H. Abramsky
FOR THE UNION
John Brewin
Ryder Wright Blair & Holmes LLP
Barristers and Solicitors
FOR THE EMPLOYER
Susan Munn
Ministry of Government Services
Labour Practice Group
Counsel
HEARINGFebruary 11 and October 19, 2011.
- 2 -
Decision
[1]7KHSDUWLHV¶UHTXHVWHGWKDWWKLVPDWWHr proceed under Article 22.16 to issue a non-
precedential decision with limited reasons.
[2]$WLVVXHLVWKHJULHYRU¶VHQWLWOHPHQWWRVKRUt-term sickness benefits under Article 44 of
the collective agreement. Specifically at issue ZKHWKHUWKHJULHYRUSURGXFHGD³FHUWLILFDWHRID
OHJDOO\TXDOLILHGPHGLFDOSUDFWLWLRQHU«FHUWLI\LQJthat the employee is unable to attend to his or
KHURIILFLDOGXWLHV«´IRUthe period of March 18, 2009 to July 7, 2009, under Article 44.10.
[3]I have reviewed the viva voce evidence, the documents, arguments of counsel and the
case law provided by the parties. I conclude that although the initial documentation provided by
the grievor was insufficient, the matter was clarLILHGE\WKHGRFWRU¶VUHVponses to the August 13,
2009 letter of clarification. In relevant part, the doctor was asked, and answered (in italics) as
follows:
1.Following consultation with you, Mr. Brooks was cleared by WSIB to return to modified
work on/after March 18, 2009 but continued to remain off work with the exception of
thth
July 6 and July 29.
In your professional opinion, are there any work-related medical limitations that
prevent Mr. Brooks from returning to work since March 18, 2009?
Yes
If yes, please state the limitations that apply and explain if temporary or permanent.
7HPSRUDU\±GXHWRKHDGDFKHV GL]]LQHVV Some concern over safety- esp when
driving while having dizziness.
If temporary, please state the duration for which each limitation is expected to be
applicable?
Patient was cleared as of July 22, 2009.
- 3 -
[4]In my view, this satisfied, at least minimally, the criteria set forth in Article 44.10. The
grievor was entitled to receive STSP benefits. In light of this ruling, I need not address the other
arguments raised by the Union or the Employer.
[5]The grievance is allowed.
st
Dated at Toronto this 31 day of October 2011.
Randi H. Abramsky, Vice-Chair