GSB# 2020-0301

UNION# 2019-0618-0010

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Paulin)

Union

• and -

The Crown in Right of Ontario (Ministry of Children, Community and Social Services)

Employer

BEFORE

Ian Anderson

Arbitrator

FOR THE UNION

Dan Sidsworth Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Karen Martin Treasury Board Secretariat Employee Relations Advisor

HEARING

October 27, 2020 (by videoconference)

DECISION

1This decision is issued in accordance with Article 22.16 of the collective agreement, and is without precedent. The parties agreed to proceed on the basis of representations and submissions and have requested a decision without reasons.

2The Grievor is a Youth Services Officer. At the commencement of her shift on October 31, 2019 she advised her supervisor that she would be unable to stay to work overtime following the shift. Her supervisor subsequently directed her to work overtime. The Grievor then advised the supervisor that she had to attend a medical appointment. Another Youth Services Officer was found to work the overtime and relieved the Grievor at the end of her shift. The Grievor was, however, directed to provide a note from her doctor confirming the fact of her appointment. The Grievor asserts that other Youth Services Officers in similar circumstances are only required to write an Occurrence Report. The Grievor provided a receipt from a parking lot of a doctor’s office instead. The Employer insisted again upon a medical note. The Grievor provided one, but the address of the doctor providing the note differed from that listed on the earlier parking lot receipt. She filed this grievance seeking $20 to cover the cost of the note. (The Union asserts the Employer has a policy of paying for such notes.) The grievance also seeks a declaration that the Grievor was subject to bullying and harassment, an order that the Employer ensure she is no longer subject to such conduct and $5,000 in general damages.

3Having considered the representations and submissions of the parties, the Employer is directed to pay the Grievor $20 to cover the cost of the medical note. In all other respects the grievance is dismissed.