Management Not in Compliance with Policy Grievance Decision on the Attendance Support Program.

Wednesday, July 8, 2009

(As Posted on T.W.D.C. Local 517Managements New Attendance Support and Management Pilot)

Program (ASMPP) is not in compliance with a Policy Grievance decision of GSB Vice Chair Abramsky regarding the Attendance Support Program. The local executive will be following up with this issue.

POLICY GRIEVANCE DECISION OF GSB VICE CHAIR ABRAMSKY, DATED MAY 31, 1999GSB #1925/96, 0341/98

Conclusion:The arbitrator concluded the ASP did not violate any article of the Collective Agreement or the Human Rights Code. However, the ASP did have to be rewritten so that the following are clear:1. Although the initial Ministry threshold for putting employees into the ASP is not unreasonable, more flexibility may be necessary within the Levels. In the Levels, a manager can and should, where necessary in order to accommodate a person’s illness or injury:-Set a personal absenteeism goal above the Ministry’s absenteeism threshold;-Reset an employee’s absenteeism goal based on new information;-Extend the time to a Level, including more than one extension at Level Three;-Where an employee with a disability leaves the ASP but it is anticipated they cannot meet the Ministry absenteeism average, management should establish a personal absenteeism threshold so that the employee does not face constantly re-entering the ASP.2. In job competition or other developmental situations, a person’s inclusion in the ASP or their accommodation may not be considered, although their attendance record may be.3. The ASP improperly treats a single 12-hour shift as an absence of 1.5 days. The ASP should be refined to minimize the discrepancy between 12-hour shift and 8-hour shift employees in arriving at the Ministry thresholds.