GSB# 2015-1908
UNION# 2015-5112-0176
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Manna et al)
Union
- and -
The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)
Employer
BEFORE
Reva Devins
Arbitrator
FOR THE UNION
Ed Holmes Ryder Wright Blair & Holmes LLP Counsel
FOR THE EMPLOYER
Susan Munn Treasury Board Secretariat Legal Services Branch Counsel
HEARING
April 9, 2018
DECISION
1The parties have agreed to proceed by expedited mediation/arbitration pursuant to Article 22.16 of the Collective Agreement. Arbitration decisions issued in accordance with Article 22.16 are without reasons and without prejudice or precedent.
2The parties provided me with their submissions, including the facts, arguments and authorities they relied upon. The Employer further agreed that, for the purposes of this grievance only, they are not disputing that they violated the Collective Agreement. Therefore, the sole issue before me was the question of what remedy was appropriate with respect to that violation.
3Having considered the submissions of the parties, the evidence and case law submitted to me, I have determined that the Employer should pay damages of $350 to every Grievor who had an asterisk beside their name who was being medically accommodated. For clarity, no damages are owed to individuals who did not have an asterisk beside their name on any of the documents at issue or who were not on an active accommodation plan for some period of time that corresponds with the period when an asterisk was attached to their name.
4I will remain seized in the event that an issue arises with respect to the interpretation, application or implementation of this decision.
Dated at Toronto, Ontario this 19th day of April, 2018.