GSB# 2022-9191

UNION# 2022-0368-2090

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Ray)

Union

• and -

The Crown in Right of Ontario (Ministry of the Solicitor General)

Employer

BEFORE

Deborah Leighton

Arbitrator

FOR THE UNION

Gregg Gray Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Hiona Murray Treasury Board Secretariat Employee Relations Advisor

HEARING

December 7, 2022

Decision

1Ms. Susan Ray, a Correctional Officer at the Central East Correctional Centre, filed a grievance on September 30, 2022, alleging that the employer breached the collective agreement and any other pertinent legislation, when during an Employee Attendance Support Program meeting, she was advised that if updated medical information was not provided by a certain date, her short term sick benefits may not be approved.

2The grievor submitted that this amounted to harassment and bullying and sought compensation. The employer submitted that there was no threat and no violation of the collective agreement, or other pertinent legislation.

3The parties referred this grievance to mediation/arbitration in accordance with Article 22.16 of the collective agreement. At the outset of the hearing, the parties agreed that I had the jurisdiction to deal with this matter. They asked that I issue a decision without precedential value and without written reasons.

4There was no evidence to support a breach of the collective agreement or other pertinent legislation or policies.

5Consequently, having carefully considered the submissions of the parties on the allegations of the breach of the grievor’s rights and the jurisprudence of the Board, I hereby deny the grievance.