GSB#2010-1825

UNION#2010-0517-0042

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Warling)

Union

• and -

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

Employer

BEFORE

M.B. Keller Vice-Chair

FOR THE UNION

Scott Andrews and Tim Mulhall Ontario Public Service Employees Union Grievance Officers

FOR THE EMPLOYER

Mark Dittenhoffer Ministry of Government Services Centre for Employee Relations Manager, Employee Relations Advisory Services

HEARING

November 1, 2011.

Decision

1The 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.

2Some 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.

3Consequently, 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. 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.