Document Type

Arbitration Decision

Publication Date

9-4-2003

Keywords

Benefits, Continuation, Salary, Consent, Medical, Release, Entitlement

Abstract

The Employer withheld the Grievor's pay and benefits owing under the salary continuation provision of the Agreement for a period of 12 days because of his refusal to sign a consent form required by the Employer's third party provider authorizing release of the Grievor's medical information to the provider. The Union does not dispute that the Employer had the right to require that the form be signed, nor the employer's having withheld the pay until the form was signed. The Union's position is that once the Grievor signed the form he was entitled to the pay being withheld. The Employer's position is that by failing to sign the form, the Grievor forfeited his right to the pay.

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