HomeMy WebLinkAbout1999-1723.Policy Grievance.00-02-04 DecisionONTARIOEMPLOYÉS DE LA COURONNE
CROWN EMPLOYEESDE L’ONTARIO
GRIEVANCECOMMISSION DE
SETTLEMENTRÈGLEMENT
BOARDDES GRIEFS
180 DUNDAS STREET WEST, SUITE 600, TORONTO ON M5G 1Z8TELEPHONE/TÉLEPHONE,(416) 326-1388
180, RUE DUNDAS OUEST BUREAU 600, TORONTO (ON) M5G IZ8FACSIMILE/TELECOPIE:(416) 326-1396
GSB # 1723/99
OPSEU # 00U002
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Policy Grievance)
Grievor
- and -
The Crown in Right of Ontario
(Ministry of Health /Hamilton Psychiatric Hospital)
Employer
BEFORE Richard BrownVice Chair
FOR THE David Wright
GRIEVORCounsel
Ryder, Wright, Blair & Doyle
Barristers & Solicitors
FOR THEDavid Strang
EMPLOYERCounsel, Legal Services Branch
Management Board Secretariat
HEARINGJanuary 24, 2000
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The parties have agreed to the issuance of a consent award, incorporating the
terms of the settlement set out below:
MINUTES OF SETTLEMENT
The parties agree to following terms and conditions as settlement of the
grievances filed January 14, 2000 (Hamilton Psychiatric Hospital) and
January 28, 2000 (Brockville Psychiatric Hospital).
1.Within three weeks the employer will provide the Union with edited
versions of the agreements between the Crown and St. Joseph’s Hospital and
Royal Ottawa Health Care Group with the following editorial changes:
(a) delete article 4.02 from the Hamilton agreement;
(b) define seniority and service to each mean both seniority and
service wherever they appear in the agreements;
2.In settlement of those portions of the two grievances relating to the
transfer of files pursuant to Article 20 of the Transfer Agreements, the
parties agree:
1) definition: “days” means Monday to Friday excluding statutory or
institutional holidays;
2) personnel files:
a) within 60 days of the signing of this agreement
i) any employee who wishes to do so will, within the first
15 days after the signing of this agreement give written
notice to the Human Resources Department at the
psychiatric hospital of their desire to view their personnel
file;
ii) the employer shall arrange an appointment to allow the
employee to review the file with a human resources
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representative and, if requested by the employee, a union
representative;
iii) the employee shall identify any document they wish to
have removed from the file and such request shall be
discussed.
b) failing resolution of any issue, the employee will have seven
days to deliver a written objection and the employer shall
deliver a response within 15 days.
c) Failing resolution of the issue at that stage, the matter will be
referred to a mediation/arbitration which shall be conducted in
accordance with Appendix 18, Article 4.2(f) to (k). The
mediator/arbitrator shall be Richard Brown, provided he is
reasonably available and, if not, the process under 4.2(9) shall
be utilized.
3) WSIB files:
a) all WSIB documents relating to employees in the possession of
the employer shall be consolidated in single employee WSIB
files which shall remain the property and in possession of the
Ministry of Health and shall not be transferred.
4) EMPLOYEE HEALTH FILES:
a) Any medical documents identified by an employee in their
personnel file shall be moved to their employee health file,
except WSIB documents, which will be moved to the WSIB
file;
b) Employee health files shall remain in the custody of a regulated
health professional (with responsibility for employee health)
employed by the Ministry, who shall keep the file confidential,
subject only to the written consent of the relevant employee;
c) Employees have the right to review their employee health file
and request the removal or correction of any document on the
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file. The employer will accept the decision of the regulated
health professional with custody of the file on the employee’s
request;
d) The only medical documents which will be transferred will be
those documents in the employee health files, which will only
be transferred to the custody of a regulated health professional
with responsibility for employee health, employed by the
receiving employer.
5) The parties agree that in the event it becomes apparent that transfer
of governance will occur before this process can be completed,
either party may apply to the arbitrator for adjustment of the time
frames so as to permit an orderly completion of the process prior to
the transfer.
3. The parties agree that the edited agreements which comply with
paragraph 1 above meet the requirements in Appendix 18 for a transfer
agreement between the Crown and that Hospital save and except that the
parties may bring any disputes about the completeness and accuracy of
Schedule A to each agreement before Vice-Chair Brown.
4.That parties agree that Vice-Chair Brown will remain seized with
respect to these grievances and with respect to any future grievances relating
to transfer agreements between the Crown and a public hospital respecting
the transfer of a psychiatric hospital.
5.The parties agree to the GSB issuing a consent order incorporating the
terms of this Agreement.
Dated at Toronto this 4th day of February, 2000.
Richard Brown, Vice-Chair