GSB#2012-3417

UNION#2012-0225-0006

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union

(Spitzig)

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

Tim Mulhall

Ontario Public Service Employees Union

Grievance Officer

FOR THE EMPLOYER

Greg Gledhill

Ministry of Government Services

Centre for Employee Relations

Employee Relations Advisor

HEARING

September 17, 2013

Decision

1Since the spring of 2000 the parties have been meeting regularly to address matters of mutual interest which have arisen as the result of the Ministry of Community Safety and Correctional Services as well as the Ministry of Children and Youth Services restructuring initiatives around the Province. Through the MERC (Ministry Employment Relations Committee) a subcommittee was established to deal with issues arising from the transition process. The parties have negotiated a series of MERC agreements setting out the process for how organizational changes will unfold for Correctional and Youth Services staff and for non Correctional and non Youth Services staff.

2The parties agreed that this Board would remain seized of all issues that arise through this process and it is this agreement that provides me the jurisdiction to resolve the outstanding matters.

3Over the years as some institutions and/or youth centres decommissioned or reduced in size others were built or expanded. The parties have made efforts to identify vacancies and positions and the procedures for the filling of those positions as they become available.

4The parties have also negotiated a number of agreements that provide for the “roll-over” of fixed term staff to regular (classified) employee status.

5Hundreds of grievances have been filed as the result of the many changes that have taken place at provincial institutions. The transition subcommittee has, with the assistance of this Board, mediated numerous disputes. Others have come before this Board for disposition.

6It was determined by this Board at the outset that the process for this disputes would be somewhat more expedient. To that end, grievances are presented by way of statements of fact and succinct submissions. On occasion clarification has been sought from grievors and institutional managers at the request of the Board. This process has served the parties well. The decisions are without prejudice but attempt to provide guidance for future disputes.

7Paul Spitzig was a Correctional Officer working at the Walkerton Jail at the time of its closure. He grieved that the Employer denied him short term sickness plan in contravention of the collective agreement.

8Mr. Spitzig elected to have a non-working notice period when surplussed. The period of his non-working notice was from April 18, 2012 until October 18, 2012. According to the grievor, he injured his knee on August 18^th, 2012. However, he did not notify the Employer with a request for sick leave or notice of injury until November 2, 2012.

9In his statement the grievor indicated that he did not notify the Employer of his injury sooner because he was unsure of the sick leave coverage or the process. He said that he was not sure how to report his injury or to whom it should be reported. Further, he was initially unaware of the extent of the injury or the needed recovery period.

10According to the Employer it is typical that if an employee is injured during the period of their notice, the notice is halted and sick leave is granted. Once fit again, the notice period is then completed.

11In this case, the grievor did not notify the Employer of any illness or injury until after his working notice period was concluded and therefore there is no entitlement to sick leave. I find it most odd that a Correctional Officer who had been with the Ministry since 1993 would be unaware of the sick leave plan and/or how to report an illness. Even if he was ignorant of the process, one phone call could have cleared up any uncertainty.

12Accordingly, the grievance is dismissed.