PSGB# 2020-0032

IN THE MATTER OF AN ARBITRATION

Under

THE PUBLIC SERVICE OF ONTARIO ACT

Before

THE PUBLIC SERVICE GRIEVANCE BOARD

BETWEEN

Nicol

Complainant

• and –

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

Employer

BEFORE

Marilyn A. Nairn

Vice Chair

FOR THE COMPLAINANT

Nancy Nicol

FOR THE EMPLOYER

Braden MacLean Treasury Board Secretariat Legal Services Branch Counsel

SUBMISSIONS

May 28, 2021

Decision

1This is one of a number of complaints filed with the Board by Health Care Managers who work in correctional institutions across the province. The complaints each make a claim for temporary ‘pandemic pay’. The complaint filed by Gerald Bryan in Board File #P-2020-0022 proceeded to hearing as a representative complaint. The remaining files were held in abeyance pending the outcome of that complaint. That complaint was heard on March 30, 2021 and a decision was issued on April 26, 2021. The Board made the following finding:

30This Board, however, has no authority to create or introduce a term or condition of employment that does not already exist in an employee’s contract of employment. The Board’s role is one of enforcing existing terms. Having regard to all of the above, I find that there is no term or condition of employment entitling Mr. Bryan to temporary pandemic pay, either under Regulation 241/20 which does not extend to management personnel, or, in the same manner as that introduced exclusively for Sergeants and Staff Sergeants in adult correctional facilities.

31In the result, this complaint is hereby dismissed.

2Following the release of that decision, the Board forwarded a copy of the decision to this complainant with the following direction:

As you are aware, your complaint has been held in abeyance pending the outcome of complaint P-2020-0022. That complaint has now been heard and the Board’s decision in that file is attached.

The Board requests that you review the decision enclosed and forward your submissions to the Board, with a copy to Employer Counsel, Mr. Braden MacLean, to be received not later than May 28, 2021. The submissions must state how you intend to proceed with your complaint in light of the attached decision.

Based upon the submission requested, the Board may:

1. Dismiss the complaint without a hearing, if the submissions regarding the complaint are not received by the Board on the date set;

2. Decide that there is a need for a hearing to deal with any issue;

3. Request further submissions from you and/or the employer before deciding whether or not to hold a hearing;

4. Dismiss the complaint without a hearing if the Board determines the complaint does not make out a case for the remedies requested.

After reviewing the attached decision you do have the option of withdrawing the application. If you decide to withdraw, please forward a statement saying you are withdrawing your complaint to the Board in writing with a copy to the Employer Counsel.

3Further to that direction, the Board has received no response from the complainant. Therefore, and having regard to that direction, this complaint is hereby dismissed.