Grievance Settlement Board

GSB#2009-2763

UNION#2009-0108-0097

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Conboy)

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

Nick Mustari Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Greg Gledhill Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor

HEARING

September 30, 2015

Decision

1The Employer and the Union at the Elgin Middlesex Detention Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated Protocol. A number of the grievances were settled through that process. However, this grievance remained unresolved requiring 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.

2In the spring of 2009 Jeff Conboy was a fixed term Correctional Officer. He called in to report that he was too ill to work on Saturday April 18, 2009. He was asked by the Operational Manager to provide a medical certificate when reporting back to work. He filed a grievance after he was not paid for the shift he absented.

3According to the grievor, everyone who reported ill during this weekend was asked for a medical certificate and while there might have been some institutional concern, to ask him for a medical certificate was a violation of article 31.A.8.3. The grievor ultimately provided a note written on April 29, 2009 stating that he had presented to a particular clinic on April 29, 2009. Not surprisingly, the Employer found that note to be insufficient.

4The Union urged that the Employer asked everyone that weekend for a medical note and contended that the grievance should be uphelf because the Employer must take each individual circumstance into account when asking for medical certificates.

5The Employer agreed that there was a number of staff sick that weekend but denied that all were asked for medical certificates. It was contended that managerial staff utilized discretion in the requests for medical certificates during this period.

6The Employer provided documents from the time period that revealed that while a number of the staff were asked for medical certificates it could be said that all staff who reported ill during this weekend were so instructed. It appears that there was managerial discretion exercised in these requests.

7There is no violation of the Collective Agreement and the grievance is denied.