GSB#2009-1639, 2009-1640, 2009-1737, 2009-1738, 2009-1739, 2009-1745, 2009-1789, 2009-1791,

2009-1873, 2009-1886, 2009-1913, 2009-1964, 2009-1966, 2009-1968

UNION#2009-0368-0108, 2009-0368-0105, 2009-0368-0116, 2009-0368-0117, 2009-0368-0118,

2009-0368-0114, 2009-0368-0119, 2009-0368-0122, 2009-0368-0128, 2009-0368-0124,

2009-0368-0132, 2009-0368-0139, 2009-0368-0145, 2009-0368-0146

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Hayford et al)

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 J. Scott Ministry of Community Safety and Correctional Services Staff Relations Officer

HEARING

October 22, 2009.

Decision

1The Employer and the Union at the Central East Correctional Centre 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.

2A number of grievances were filed regarding an Employer requirement for medical certificates for absences that took place over the course of a few days in August of 2009.

3Generally speaking, the grievors fall into two groups. The first group did not bring in a note as directed and were not paid their sick leave. For those employees the Employer is ordered to pay an amount equal to the sick leave pay to which they had been entitled.

4The second group provided a medical note but in doing so incurred various expenses. The Employer is to pay each of those employees who had provided a note prior to October 21, 2009, a net amount of one hundred and twenty five ($125.).

5I remain seized.