HomeMy WebLinkAbout2010-1825.Warling.11-11-29 Decision
Crown Employees
rieva
nce Settlement
oard
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l. (416) 326-1388
x (416) 326-1396
t des griefs
es employés de la
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l. : (416) 326-1388
léc. : (416) 326-1396
UNION#2010-0517-0042
IN THE MATTER OF AN ARBITRATION
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
THE GRIEVANCE SETTLEMENT BOARD
ETWEEN
G
B
Suite 600
180 Dundas St. West
Toronto, Ontario M5G
Te
Commission de
règlemen
d
Couronne
Bureau 600
180, rue Dundas Oues
Toronto (Ontario) M5G 1
Té
Té
Fa
GSB#2010-1825
Under
Before
B
Ontario Public ployees Union
(W Union
(Ministry of Community Safety and Correctional Services) Employer
Service Em
arling)
- and -
The Crown in Right of Ontario
BEFORE M.B. Keller Vice-Chair
FOR THE UNION
ce Employees Union
FOR THE EMPLOYER
Scott Andrews and Tim Mulhall
Ontario Public Servi
Grievance Officers
s
Relations
Mark Dittenhoffer
Ministry of Government Service
Centre for Employee Relations
Manager, Employee
Advisory Services
HEARING November 1, 2011.
- 2 -
Decision
[1] The union filed a grievance on behalf of the grievor alleging various violations of the
Attendance Support Pilot Program (ASMPP). In particular, the grievance raised issues relating
to the manner Level 4 meetings under the Program were conducted as well as their timing, the
manner in which confidential medical information was sought and subsequently shared, the
nature and extent of questions asked of the grievor’s treating physicians and by whom and,
finally, how confidential medical information is kept in the institution.
[2] Some of the issues raised in the grievance were particular to the case of the grievor.
After discussion with the parties it became evident that there are issues which transcend the work
location of the grievor. That is, they appear to raise issues common to all work locations.
Because of the potential Province wide implications of some of the issues raised, and after
meeting with the parties, I have decided to exercise my discretion and hold the determination of
the grievance in abeyance. While the grievance is in abeyance, and until such time as the
grievance is fully dealt with, the grievor is to be frozen at his current Level in the Program and
he is not to have any further sick days counted for the purposes of the Program.
[3] Consequently, I Order as follows:
The employer is to determine how it proposes to deal with the issues raised by the grievance. It
is to inform the union and the Board of its intentions by February 10, 2012.
- 3 -
The parties are to meet with the Board on February 22, 2012, to discuss the proposal of the
employer and attempt to resolve outstanding issues. Further steps, if required will be determined
at that time.
Dated at Toronto this 29th day of November 2011.
M.B. Keller, Vice-Chair