Ontario Public Service Employees Union (Bozhko) v. The Crown in Right of Ontario (Ministry of the Solicitor General), 2025 CanLII 139778

GSB# 2023-02485

Union# 2023-0234-0250

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Bozhko)

Union

• and -

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

Employer

BEFORE

Brian P. Sheehan

Arbitrator

FOR THE UNION

Dan Sidsworth Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Danielle Rose Treasury Board Secretariat Employee Relations Advisor

HEARING

December 2, 2025

Decision

1The Employer and the Union at the Maplehurst Correctional Complex (MHCC) agreed to participate in the Expedited Mediation/Arbitration process in accordance with the negotiated Protocol. It is not necessary to reproduce the entire Protocol. Suffice to say, that the parties have agreed to a True Mediation/Arbitration process wherein each party provides the Arbitrator with their submissions setting out the facts and the authorities they respectively will rely upon. This decision is issued in accordance with the Protocol and with Article 22.16 of the collective agreement; and it is without prejudice or precedent.

2Nadiya Bozhko (the “Grievor”) is employed as a Registered Nurse (RN) at MHCC.

3The dispute concerns the Grievor's claim that the Employer improperly compensated her for certain WSIB-approved absences.

4The absences were generally related to two-hour absences with respect to treatment that the Grievor received each Friday between May and September 2023.

5The WSIB reimbursed the Employer for 85% of the Grievor’s regular hourly rate for the two-hour absence. The Grievor agreed to use Compensation Time Off (CTO) credits as "top-up” to cover the 15% shortfall in her pay for those two hours.

6The Grievor asserts that the Employer deducted a full two hours of her CTO credits for each absence instead of just an amount relating to the 15% top-up.

7Having reviewed the relevant records, it has been determined that the Employer correctly allocated the appropriate amount of CTO credits to “top up” the Grievor’s wages for each of the relevant absences. Therefore, the grievance is hereby dismissed.