GSB#2009-2821

UNION#2009-0368-0190

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Benko et al)

Union

• and -

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

Employer

BEFORE

Brian M. Keller

Vice-Chair

FOR THE UNION

Brian Gould Ontario Public Service Employees Union OPS Supervisor

FOR THE EMPLOYER

Lori Aselstine Ministry of Government Services Director Employee Relations

HEARING

January 28, 2010.

Decision

1The Union filed a number of grievances, on behalf of its members, dealing with the Attendance Support and Management Pilot Program. Given the number of grievances, and the importance of resolving this matter as expeditiously as possible, the parties agreed on an expedited process to deal with the grievances. Essentially, it was agreed that the parties would provide me with whatever materials they considered relevant, and would then make submissions on the matter. I was asked to, after considering the materials, as well as the submissions. issue a bottom line decision, without reasons. I was requested, as well, to issue the decision in point form, for ease of understanding based on the parties submissions. After considering the submissions of the parties, as well as the documents submitted, I hereby make the following Orders:

1. The Attendance and Support Management Office of the Ministry of Government Services shall exercise reasonable discretion to deal with non-culpable absenteeism on a case-by-case basis at progression through levels of the program.

2. The Employer shall give proper consideration of implications arising under the Ontario Human Rights Code and preclude the consideration of absences that flow from a Disability as defined by the Code.

3. The Employer shall preclude the consideration of WSIB absences in making any determination at Level 4 of the ASMPP.

4. In the event of a declared pandemic by the World Health Organization or the Ontario Chief Medical Officer of Health, the Employer will consider whether to suspend the ASMPP, and notify OPSEU of their decision.

5. The Parties shall meet to negotiate a dispute resolution process to deal with grievances arising out of the ASMPP.

6. All of the grievances identified in Appendix A are hereby dismissed.