Ontario Public Service Employees Union (Kari) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2009 CanLII 66573

GSB#2007-1757

UNION#2007-0229-0018

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Kari)

Union

• and -

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

BEFORE

Felicity D. Briggs

Vice-Chair

FOR THE UNION

Anastasios Zafiriadis Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Brian Scott Ministry of Community Safety and Correctional Services Staff Relations Officer

HEARING

October 8, 2009.

DECISION

1The Employer and the Union at the Ontario Correctional Institute agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. Most of the grievances were settled through that process. However, a few remained unresolved and therefore require a decision from this Board. The Protocol provides that decisions will be issued within a relatively short period of time after the actual mediation sessions and will be without reasons. Further, the decision is to be without prejudice and precedent.

2Mr. John Kari, Correctional Officer, filed a grievance regarding the Employer requesting a certificate verifying an illness. At the conclusion of a shift worked, without incident or complaint, he was asked to work overtime due to an unforeseen emergency situation. He refused and went home. That refusal caused the Employer to request the medical certificate.

3After consideration of the facts and submissions in this matter, the grievance is denied.