ASMPP News

GSB#2009-2821 & Appendix “A”
UNION#2009-0368-0190 & Appendix “A”
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Benko et al) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services/
Ministry of Children and Youth Services) Employer
BEFORE Brian M. Keller Vice-Chair
FOR THE UNION Brian Gould
Ontario Public Service Employees Union
OPS Supervisor
FOR THE EMPLOYER Lori Aselstine
Ministry of Government Services
Director Employee Relations
HEARING January 28, 2010.
Decision
[1] The Union filed a number of grievances, on behalf of its members, dealing with the
Attendance Support and Management Pilot Program. Given the number of
grievances, and the importance of resolving this matter as expeditiously as possible,
the parties agreed on an expedited process to deal with the grievances. Essentially,
it was agreed that the parties would provide me with whatever materials they
considered relevant, and would then make submissions on the matter. I was asked
to, after considering the materials, as well as the submissions. issue a bottom line
decision, without reasons. I was requested, as well, to issue the decision in point
form, for ease of understanding based on the parties submissions. After considering
the submissions of the parties, as well as the documents submitted, I hereby make
the following Orders:
1. The Attendance and Support Management Office of the Ministry of
Government Services shall exercise reasonable discretion to deal with nonculpable
absenteeism on a case-by-case basis at progression through levels of
the program.
2. The Employer shall give proper consideration of implications arising under
the Ontario Human Rights Code and preclude the consideration of absences
that flow from a Disability as defined by the Code.
3. The Employer shall preclude the consideration of WSIB absences in making
any determination at Level 4 of the ASMPP.
4. In the event of a declared pandemic by the World Health Organization or the
Ontario Chief Medical Officer of Health, the Employer will consider whether
to suspend the ASMPP, and notify OPSEU of their decision.
5. The Parties shall meet to negotiate a dispute resolution process to deal with
grievances arising out of the ASMPP.
6. All of the grievances identified in Appendix A are hereby dismissed.
Dated at Toronto this 5th day of February 2010.
Brian M. Keller, Vice-Chair