GSB#2015-2716 UNION#2015-0504-0013

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Kolibaba)

Union

• and -

The Crown in Right of Ontario (Ministry of Health and Long-Term Care)

Employer

BEFORE

Daniel Harris

Vice-Chair

FOR THE UNION

Avril Dymond Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Kevin Dorgan Treasury Board Secretariat Counsel

CONFERENCE CALL

September 29, 2016

Decision

1On April 1, 2015 the Center for Employee Health, Safety and Wellness implemented the Attendance Support and Management Program (ASMP), which coincided with the introduction of the Ontario Government’s Attendance Management Policy.

2The Policy Statement is set out in paragraph 1.1 of the Policy:

1.1 The Ontario Public Service (OPS) is committed to effective and efficient management of employee attendance and balances the organization’s need to maximize workforce productivity with an employee's need for support when absent due to illness or injury.

3In this matter, OPSEU grieves on behalf of Igor Kolibaba, an employee of the Ministry of Health and Long-Term Care, that he did not receive sufficient training on the ASMP prior to its implementation. Because of a number of absences due to illness, the grievor was placed into level 3 of the ASMP in or about August 2015. Effective July 21, 2016, the grievor was removed from all levels of the ASMP based on his attendance history up to that date. By way of redress, the union seeks a suspension of the ASMP pending adequate training being provided to all of its bargaining unit members in the OPS.

4The parties referred this Grievance in accordance with Article 22.16 of the collective agreement, and the matter came before me on September 29, 2016.

5Having carefully considered the submissions of the parties, and having reviewed the Agreed Statement of Facts, the documents filed and the jurisprudence relied upon; I find that there has been no breach of the collective agreement in this instance. The grievance is dismissed.