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Home My WebLink About1993-1948.O'Brien.94-06-16K i _- ‘r _ ;4 3 ,, 3 , v 4: ONTAR/ EMPLOYiS DE LA COURONNE CROWN EMPLOYEES DE L’ONTARIO . ! GRIEVANCE CQMMISSION DE ETTLEMENT REGLEMENT I ii0~RD DES GRIEFS 180 ‘DUNDAS STREET WEST, SUITE 2100. TORONTO, ONTARIO. MSG 123 TELEPHONEITELEPHONE: 14 161 326- 1388 180, RUE OUNDAS OUEST. BUREAU 2700, TORONTO (ONTARIO). MSG lZ8 FACSIMILEIT~L~COPIE : (4 161 326- 1396 1948/93, X79/94,236/94 IN THE MATTER OF AN ARBITRATION THE CROWN EMPLOYEES COLLECTIVE BARGAXNING ACT Before TEE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (O'Brien) - and - BEFORE: GriBVOr The Crown in Right of Ontario (Ministry of Correctional Servives) Employer H. Finley T. Browes-Bugden J. Miles Vice-Chairperson Member Member FOR THE GRIEVOR M. Cornish Counsel Cornish Advocates Barristers 61 Solicitors FOR THE EMPLOYER HEARING 3 J. Benedict . Manager, Staff Relations & Compensation Ministry of Correctional Services' June 7 & 13, 1994 BOARD ORDER The Grievor, Ms. Cheryl O'Brien, is an unclassfied Correctional Officer at the Windsor Jail. She has filed three grievances and in them alleges ongoing discrimination, breach of health and safety provisions, unjust discipline and improper denial of promotion to General Duty Officer. At the outset of the hearing, the Unionfiled a Request for Interim Relief, requesting, in essence, that the Grievor be transferred to another institution for the duration of the hearing which was expected to last several months. The parties were able to settle the issue of Interim Relief and the Board acknowledges the effort and co-operation of both parties in arriving at this settlement. Attached is the Memorandum of Settlement which the parties agreed would be made an Order of the Board. DATED at Toronto, this +6th day of June, 1994. '1 T. Browes-Bugden; : ._ ,’ GSB #1948/93 ; . . ‘. ,: 1 . . _- - I . . ; : I IN TEE MATTER OF AE ARBITRATION .:- r ._ BETWEEE / _. _' /: ., / THE MINISTRY OF SOLICITOR GENERAL-AND CORRECTIONAL. SERVICES and ._ % : : ', THE ,ONTARIO.PUBLIC. SERVICE EMPLOYEES UNICN I , ‘ and , : : 8 CHERYL O'BRIEN 1. ._' _' , , .' -.. : : .' : MEMORANDUM OF AGREEMENT .RE: ,GRIEkNC$S OF CHERYL:O'BRIEN DATED SEPTEIbER . RARCH 30?' 1994 ANB APRIL 9, 1994 Employer I Union Grievor 16, 1993, -iND RE: REQUEST FOR INTERIM RELIEF BY THE ONTARIO PUBLIC SERVICE xMPLoYE!S: ~JION SERVED ON *HE EMPLOYER JUNE '3, 1994 t :.. 1. Nothing in ihis.memorandum of settlement.is. to be interpreted as an'admission of wrongdoing with respect to the grievor or the ,union by the ministry or the employer -or, as an admission by the union or the grievor that there- has -been no wrongdoing. .: 1 "_ . : 2. At the request of the Grievor, the employed: shall reas“sign the g,rievor effective June :15, 1994 temporarily during 'these ' hearings-to a position as an unclassified correctional officer' a.t the Chatham Jail and the.following conditions'are to apply: 'the Superintendent of. the a. The grievor shall provide Chatham Jail. with a written statement by: June 14, 1994 which -indicates the specific shifts'that she would be available to work during the month of Jun!e, 1994. 1 : . i .' “ ‘. .i b: The grievor shall provide. a 'similar .-statement to the '. Superintendent of the Chatham .Jail as noted in subparagraph (a).by the 25th.day of June, 11994 and the .. 25th day of each month thereafter and*the :grievor will ,. not. be' eligible. to be- scheduled for work unless the above-noted monthly 'statement is-provided as ,indicated. This monthly statement may be revised by.the grievor in * -writing on 5 days notice to the .Superintendent -of the Chatham Jail; .._ : The employer 'shall provide the grievor with. her monthly schedule based on the available hourg submitted by her , within 5 days after she provides them-with-her schedule. . . C. The grievor will be scheduled to 'work only during the times indicated in her.schedule as.noted insubparagraph (a) or (b) above or as,revised by her.. .' _ . (.I d. The employer,- &hall make' all reasonable efforts -to schedule-the grievor for 40 hours per, week and the employer shall guarantee that the,.grievor shall.recelve' at- least a minimum ,of 30 hours per week of pay at her, current rate of pay duringthe period of this agreement. If the.grievor-does not provide the Superint.endent of.the Chatham Jail with a schedule referred to-in subparagraph.. : - '(a) and (b) above of at least..30 hours. of' availability , for a given week or is unable to work>for any reason, the employer,shall.only be respons.ible for guqranteeing 'the above-noted pay to the extent.of'the‘actual'.hours worked .. '. by the grievor. . : L. : ei: The employer wili reimburse the grievor for the . additional related expenses associatedwithher travel.to - '-and 'from her assignment at the .Chatham Jail which' expenses are detailed~in Appendix A to-this agreement. f;' For -the purpose of-job postings during the Grievor's, temporary.reassignment the grievor shall-enjoy the same rights- as if she- were still :actually- employed at the . . Windsor Jail.:' 3. ~. The grievor shalihave the option at any time &'-ret&n to her _ . . .position at the Windsor Jail on two weeks notice' in writing-to .the Superintendent,of the Chatham Jail and in,any event the : grievor's' assignment to the Chatham- Jail will not extend .' beyond 2 weeks from the date of the arbitration decision respecting the captioned grievances. 4. Nothing in the memorandum of settlement is intended to prevent- the employer from exercising any of its management rights respecting the,employment of the grievor so long as they are consistent with the WDHP Policy. 5. 6. 7-o 8; ‘, -: ,, T :’ ,, 1 ‘< ; . .‘ ,j ._ ” -... . . ., ‘, ..” : ,. .I t. _ ;_- : : .: :. >._._ , .- 1 3 ..‘- .. ,- ;. -.’ ’ : ,. ;- 1 _. ‘. ,’ .: The ,employer Yagreesto- ensure that-there .are no reprisals;: intimidation,. or other improper actions taken against the grievor.‘ .or. anyone involved in these .grievance hearings including. actions which- are contrary to the employer's " Workplace piscrimination and',Harassment Prevention Policy, which is attached as.Appen.dix B. .; :. : I 1 : The employer shall be required to post-the. notice set out in Appendix C to,,this agreement in conspicuous places in,the' Windsor.Jail workplace where it will come toTthe attention. of all the employees in the bargaining unit and-management and‘ the..posting shall remain posted until the conclusion of.these _, hearings. . . . . : '- -* This agreement shall.remain in force for 6 months at .which time it wi.11 beTreviewed. -. . The- parties agree that this, Agreement shall be made an Order of the Grievance Settlement Board and enforceable-by the panel hearing the above,,-noted grievances. . ., ,' ., -. ..' i _. DATED AT TORONTb this. 13 day of June, $994 '. . . . For the Un.i.on .j .. .. .; / _,. ._ : For the.Grievor .-: _- . . : For the Employer: ‘ : . ; f ; : . :’ .: APPENDIX, A ,:.,... .-. - 'For every shift that. the grievor works 'at the Chatham Jdil, the, grievor shall 'be reimbursed. by way of separate cheque for the relevant expenses‘.associated'.with the extra two. hours of. time involved'in travelling to and- from the ChathamJail which shall be fixed at: '. ': a. travels costs of $48..00 based on 160 kilo&tres.for the round trip at $0.30 per kilometre.. . b. child care.costs of $&O.OO based on $5..00.p'er care.cpstst ,' : . 7 :, ., “. . -. ‘_ : : ‘. ‘. - .._ - I i ,. . / ‘.’ i : : 1 hour child : i I ;I. -:. :-. . . - . . . ‘.’ ,. _” ~.. ..’ ;. I..,. ; . _ ‘. : ‘. : ’ _ ,. ,. ‘. ,_ .._ : I . . * . . . :’ ;_: . . . . ,.’ -,- :. / . ‘. ~ . . _- ._ I’ x , .+,;APE%ND??t C ' : : I : I Posting Notice ~." : I/ . .' . : _I . ; . : ,' ,' Labour Relations Act : i I * ., NOTICE TO EMPLOYEES 1 ._ . Posted by order'of the Grievance Settlement Board '. .' We have posted this notice in compliance with'a.direction of the Grievance Settlement Board, resulting from a Consent Order'issued after .a hearing of OPSEU',s motion for interim relief.in the - grievance hearings dealing with Cheryl O'Brien's.grievances'dated '- " September 16, 1993., March 30, 1994 and April 9, 199.4. . : ._ -The Grievance'Settlement'Board has.ordered the Ministry to take the actions set out in the-attached interim or temporary orderuntil the-.Board decides wh-ether the grievances .-filed by, Correctiona. Officer Cheryl.O'Prien alleging sexual harassment, discriminat&on on the bas,is of gender, 1 family .and marital status, unfair .: -discipline and breach. of health and safety provisions are valid.. There has been no finding that the Ministry has done anything wrong or .that‘the grievances-have been substantiated. A hearing before the Grievance Settlement Board has begun and will continue for a number of .months.' The. purpose of-this hearing is; to determine whether the grievances of Cheryl 0"Brien are valid., _ If‘ the Grievance Settlement Board decides 'in' the: end .that the grievances are' not valid, then- this temporary ,order will. be revoked.. I., -!. '_ . 1 If the GrievanceSettlement -Board decides that the :grievances are valid. and -should be, upheld, the Board may fashion a permanent: remedy. -.. .' . '-. I i 1 .i ,. -Ministrk of Correctional Services I Per: Superintendent, James Ross .