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Home My WebLink About1996-1598.Smith & Bergounhon.97-12-09ONTARK, CROWN EMPLOYEES GRIEVANCE SETTLEMENT BOARD EMPLOY& DE LA COLIRONNE DE L’oNrARIO COMMISSION RiGLEMENT DES GRIEFS 188 DUNDAS STREET WESI; SUlTE600, TORONTO ON M5G lZ8 180, RUE DIJNDAS OUES7; BUREAU 600, TORONTO (Orv) h45G lZ8 DE TELEPHONEiTiLkPlfONE : (416) 326-7388 FACSIMILE/7~L&OPIE : (416) 326-1396 GSB # 1598196 OPSEU #96C635-8,96C646-9 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGATNING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Smith/Bergounhon) -and- Grievors The Crown in Right of Ontario (Ministry of the Solicitor General and Correctional Services) Employer BEFORE R. Abramsky FOR THE UNION D. Wright Counsel Ryder, Wright, Blair & Doyle Barristers and Solicitors FOR THE EMPLOYER L. Brossard Counsel Legal Services Branch Management Board Secretariat Vice-Chair HEARING September 22,23 and 24, 1997 December 9, 1997 ORDER At the hearing in this matter, the parties reached an agreement which is set forth below and which shall be treated as an Order of the Grievance Settlement Board. In order to settle the differences between the parties and to heal the relationship between the parties and to heal the anguish which has been suffered by the grievors, the parties agree as follows: 1. The Union and the grievers agree to withdraw all grievances filed by both grievors in connection with an incident which occurred at the workplace on February 28, 1996; 2. The Employer agrees to restore to Mr. Smith the attendance credits used by Mr. Smith to top-up or replace sick leave benefits from February 28, 1996 until December 22, 1997, unless not directly related to the February 28, 1996 incident. 3. The Employer agrees to reimburse Mr. Smith, with interest, for the difference, including tax consequences as proved by Revenue Canada receipts, between moneys actually received under the sick leave or long term disability plan (including moneys received from use of credits) and the wages which Mr. Smith would have earned if he had been at work, including overtime, shift premium and statutory holiday pay, for the period from February 28, 1996 until the date of this settlement. Shit? premium and statutory holiday pay shall be calculated as per the shift rotational schedule. Overtime shall be based on the institutional average for the six (6) month period after February 28, 1996. 4. Ms. Bergounhon is committed to returning to work at the earliest possible date and will work with her doctors, union representatives and the employer to accomplish that. 5. The Employer agrees to restore to Ms. Bergounhon the attendance credits used by Ms. Bergounhon to top-up sick leave benefits from February 28, 1996 until her return to work or March 3 1, 1998, whichever is earlier. 6. The Employer agrees to reimburse Ms. Bergounhon, with interest, for the difference, including tax consequences as proved by Revenue Canada receipts, between moneys actually received under the sick leave or long term disability plan (including moneys received from use of credits) and the wages which Ms. Bergounhon would have earned if she had been at work, including overtime, shift premium and statutory holiday pay, for the period from February 28, 1996 until her return to work or March 3 1, 1998, whichever is earlier. Shift premium and statutory holiday pay shall be calculated as per the shift 2 rotational schedule. Overtime shall be based on the institutional average for the six (6) months after February 28, 1996. 7. The employer agrees that when Ms. Bergounhon is medically fit to return to work she shall have the option of electing to return to her position as a Correctional Offtcer 2 at Monteith Correctional Complex or to exercise her rights under Article 42.10 of the collective agreement to claim a vacant position. The Employer agrees to provide Ms. Bergounhon, at her request, with a listing of vacant positions for which she is eligible under Article 42.10 so that she may make an informed election. 8. The Employer agrees to cooperate in assisting Ms. Bergounhon with being placed in rehabilitative employment in the event that the insurance carrier and her doctors deem such employment suitable; 9. The Employer agrees that in the event that Ms. Bergounhon elects to return to her position at Monteith, the employer will meet with Ms. Bergounhon and her union representatives to arrive at a reasonable and suitable program to accommodate Ms. Bergounhon’s return to work and her return to work shall be as per the return to work program (part of the attendance support program). 10. The Employer agrees to pay to each grievor the sum of $l,OOO.OO in recognition of extra expenses incurred in obtaining counseling and other medical interventions and otherwise as a result of the events of February 28, 1996. 11. The employer agrees that it will provide each grievor with a letter of regret that the events of February 28, 1996 caused difficulties and suffering, and a copy of such letter, with a copy of this settlement shall be placed in each grievor’s personnel file. A public statement in the form attached as Appendix A shall be issued by the Employer. 12. This agreement does not constitute an acknowledgment of liability on the part of the employer or its representatives. 13. The parties agree that the terms of this settlement shall be treated as confidential and shall not be discussed with other parties except as required by law; 14. This settlement shall be made an order of the Grievance Settlement Board and Vice- Chair Randi Abramsky shall remain seized in the event of issues arising with respect to the implementation or enforcement of this settlement. Dated this q* day of December, 1997. k & d- ;&-J,p+d:> Randi Hammer Abramsky, Vice-Ch ir 3 APPENDIX A The Employer regrets that the grievors, Smith and Bergounhon, suffered as a result of the events which occurred on February 29, 1996. The Union, the grievors and the Employer wish to move forward and work together to achieve a healthy and productive workplace. 4