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Court File and Parties
**GSB#** 2006-2093
**UNION#** 2006-0229-0013
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## IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
# BETWEEN
Ontario Public Service Employees Union
(Faulkner)
## Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
**BEFORE**
Ken Petryshen
Vice-Chair
**FOR THE UNION**
Kirsten Agrell
Grievance Officer
Ontario Public Service Employees Union
**FOR THE EMPLOYER**
Suneel Bahal
Counsel
Ministry of Government and Consumer Services
**HEARING**
April 28, 2008.
---
# Decision
In a grievance dated March 28, 2006, Ms. C. Faulkner, a Correctional Officer (“CO”), in effect alleges that the Employer contravened the Collective Agreement when it did not permit her to start work at the Ontario Correctional Institute (“OCI”) on May 16, 2005, at the completion of her training at the Bell Cairn Staff Development Centre (“Bell Cairn”). During her training, CO Faulkner sustained an ankle injury at home, which necessitated the wearing of an air cast. The Union asserts that the Employer’s failure to provide her with modified duties, given her temporary disability, constitutes a contravention of the Collective Agreement. The Employer takes the position that CO Faulkner’s grievance is untimely and it requests that I dismiss it. I advised the parties at the hearing that I would provide them with at least a bottom line decision on the timeliness issue some time in advance of July 21, 2008, the next scheduled hearing date. What follows is a bottom line decision.
The Union argued that the grievance is timely. I disagree. It is my view that the time for filing a grievance started to run on or about May 13, 2005, when the Staff Services Manager advised CO Faulkner that she could not start work at OCI with modified duties. The time did not start to run some ten months later, as argued by the Union, when someone told Ms. Faulkner that another employee was working at OCI with an air cast.
If necessary to do so, the Union requested that I exercise my discretion under section 48(16) of the Labour Relations Act to extend the time for filing the grievance. After considering the relevant factors, it is my conclusion that there are no reasonable grounds for an extension of the time limits in the circumstances of this case.
Accordingly, CO Faulkner’s grievance dated March 28, 2006, is dismissed. The hearing date of July 21, 2008, can be cancelled. The reasons for this decision will soon follow.
Dated at Toronto, this 25^th^ day of June, 2008.
minicounsel