GSB# 2023-01565

UNION# 2023-0290-0029

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Maurice)

Union

• and -

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

Employer

BEFORE

Gail Misra

Arbitrator

FOR THE UNION

Dan Sidsworth Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Kelsey Iyonmana Treasury Board Secretariat Employee Relations Branch Labour Relations Intern

HEARING

November 29, 2023

Decision

1The parties have agreed to an expedited mediation-arbitration process to resolve grievances at the Roy McMurtry Youth Centre (“RMYC”) in Brampton. Although a formal protocol has not been finalized, the parties have agreed to attempt to settle matters at mediation and, if mediation is not successful, to refer appropriate cases to expedited arbitration. The parties specifically agree that the arbitrator can hear the matter under Article 22.16 of the collective agreement. This decision is issued in accordance with Article 22.16 of the collective agreement, so that it is without precedent or prejudice to any other matters between the parties, and is issued without detailed written reasons.

2Patricia Maurice is a classified Youth Services Officer at the RMYC. She has been employed since May 1987. On July 6, 2023 Ms. Maurice filed a grievance claiming that the Employer had failed to pay her 100% sick pay for six sick day credits that she had claimed in or about January 2023, when she was off sick on January 16, 21, 22, and 25, 2023.

3The grievor had missed four 12 hour shifts. Since sick credits are calculated on the basis of 8 hour shifts, Ms. Maurice was claiming six sick pay credits for the four days she had been off sick. Pursuant to Article 44.1 (a) an employee is entitled to their regular salary for the first six working days of an absence. However, the Employer had paid Ms. Maurice in accordance with Article 44.1(b), which entitles an employee to 75% of their regular salary for an additional 124 working days of absence in a calendar year. The grievor was therefore claiming for the remaining 25% of her regular pay that she had been short paid, which amounted to $472.44.

4There is no dispute that the RMYC payroll had submitted a ticket to the Ontario Shared Services (“OSS”) on January 23, 2023 for the correct sick pay for the grievor. However the grievor’s pay had been reduced by $472.44 on her pay stub on February 16, 2023. Despite the grievor having followed up on the issue for some time, it had not been resolved, which led to the filing of this grievance in July 2023.

5Shortly after the filing of the grievance the grievor was paid in full for her January sick days, and as such that aspect of her grievance is resolved. Nonetheless, the grievor is also seeking damages amounting to 12 hours of regular pay for the inconvenience she experienced.

6Having considered the submissions of the parties I decline to award damages in this case. I am satisfied that the RMYC had done what it could to ensure that the grievor would be properly compensated for her sick time in January 2023. The issue emanated from a mistake made by OSS, and while it took a long time to resolve the issue, in my view this is not a case in which damages should be awarded. The grievance is therefore dismissed.