HomeMy WebLinkAbout1993-2197.Groulx.94-08-18 do.-
ONTARIO EMPLOYES DE LA COURONNE
CROWN EMPLOYEES DE L'ONTARIO
GRIEVANCE C®MMISSION DE
EMSETTLEMENT REGLEMENT
BOARD - DES GRIEFS
180 DUNDAS STREET WEST, SUITE 2100, TORONTO, ONTARIO. M5G IZ8 TELEPHONE/TELEPHONE: (4 16) 326-1388
180, RUE DUNDAS OUEST, BUREAU 2100, TORONTO (ONTARIO). M5G 1Z8 ' FACSIMILE/TELECOPIE : (4 16) 326-1396
2197/93 .
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before.
THE GRIEVANCE SETTLEMENT . BOARD
BETWEEN
OPSEU (Groulx)
Grievor
- and -
The Crown in Right of Ontario
'(Ministry 'of Health) .
Employer
BEFORE: B. Kaplan Vice-Chairperson
J Carruthers Member
D. Montrose Member
FOR THE, B. Collrin
GRIEVOR Counsel
Ontario Public Service 'Employees
Union
FOR THE D.: Coutts
EMPLOYER Human Resources'-Manager
Ministry of Health
l
t
2197/93
BOARD ORDER
Attached is the 'Memorandum of Settlement which the - parties
agreed would be made an Order of the Board.
r
DATED at Toronto, this 18th day of August, 1994 .
B. Kaplan, Vice Chairperson.
J. Carruthers, Member
D. Montrose , Member
MEMORANDUM OF SETTLEMENT.
BETWEEN: ONTARIO PUBLIC 'SERVICE EMPLOYEES UNION
("THE UNION")
AND: MINISTRY OF HEALTH
(ST. THOMAS PSYCHIATRIC HOSPITAL)
("THE EMPLOYER") -
RE: GRIEVANCE OF MR. GARY GROULX
In the matter of a grievance dated December 13th 1993 regarding the dismissal of.Mr. Gary' Groulx, the
above-referenced parties agree to final settlement in the following terms.
1: The parties shall agree to substitute a suspension without pay and benefits in lieu of discharge for
one month in accordance with Section 22(2)of The Public Service Act effective Monday,December
13th 1993.
2. Mr. Groulx will be reinstated to his position of Registered Nursing Assistant at St. Thomas
Psychiatric Hospital and will not be returned to the Addiction Rehabilitation Unit.
3. None of this time off incurred by the suspension without pay will be credited towards Mr. Groulx's
required days off under the provisions of the Social Contract Act and/or the Ontario Public Service
Sectoral Agreement for Social Contract Act purposes.
4 Mr. Groulx will have a written performance appraisal conducted every six months for a period of
two years by his assigned Nurse Manager upon his return to active duty from sick leave.
5. .. Terms and conditions of professional practice will be determined with the assigned Nurse Manager ,
and the assigned Clinical Nurse Specialist in partnership with Mr. Groulx.
6. Mr. Groulx will not initiate any contact whatsoever with any past, present or future staff members
affiliated with the Addiction Rehabilitation Unit of St. Thomas Psychiatric Hospital in relation to
the matters that give rise,to this Memorandum of Settlement.
7. Mr. Groulx will not go near and/or, on the premises of the Addiction Rehabilitation Unit of St.
Thomas Psychiatric Hospital without prior written approval of the Hospital Administrator or
delegate.
8. Mr. Groulx will not initiate any contact whatsoever with any former, present or future client of the
Addiction Rehabilitation Unit of St. Thomas Psychiatric Hospital.
9. Should Mr. Groulx be contacted by any former, present or future clients of the Addiction
Rehabilitation Unit of St. Thomas Psychiatric:Hospital, he is to:
a) advise the client to contact the Programme Director of the Addiction Rehabilitation Unit;
and
b) advise in writing the Programme Director of Addiction Rehabilitation Unit of this contact`s
and a summary of the conversation.within 72 hours.
10. Mr. Groulx must produce evidence that he has successfully completed an anger management
programme.
11. Mr. Groulx will provide satisfactory documentation from a qualified professional to the
Administrator of St. Thomas Psychiatric:Hospital that'he has entered into an anger management .
programme no later than April 30th 1994.
12: The Employer agrees to assume responsibility for any costs associated with preparing medical
certificates=referred to in part #11 that are not covered by OHIP.
13.- The Employer will give Mr. Groulx.reasonable time off as a. Duty Assignment to attend to:
a) The anger management programme referred to in #10 above; and
b) The pertinent medical appointments with regards to #11 above.
14. If Mr. Groulx continues to require Employee Assistance Programme support as determined by the
Occupational 'Health Services of St. Thomas :Psychiatric Hospital, the Employer will_obtain an
organization to provide this service for Mr.Groulx. "The Employer will give Mr. Groulx reasonable
time-off as a Duty Assignment to meet with individual(s) of this organization and the Employer will
incur the`costs associated with regards to this service over and above OHIP. This assistance will
be provided for a period of no more than two years, effective the signing off of this Memorandum
of Settlement.
15. Mr. Groulx-will not initiate and/or discuss.with-any former, present, or future staff member of St.
Thomas Psychiatric Hospital and/or the Ministry of Health in relation to the matters that give rise
to this Memorandum of.Settlement.
16. The.Union will advise its members not to engage in any communication with any,of the employees
of the Addiction Rehabilitation Unit who were interviewed by the Investigation Team in relation
to.the matters that give rise to this Memorandum of Settlement.
17. The Employer will advise those individuals that were interviewed by the Investigation Team not
to engage in any communication with any OPSEU bargaining unit member in relation to the
matters that give rise to this Memorandum of Settlement.
18. In view of the present situation and the issues surrounding the Memorandum of Settlement, Mr.
Groulx is not to resume his part-time Registered Nurse programme until September 1994 at the
earliest. .
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19. If the grievor fails to comply with any terms of this Memorandum of Settlement the Employer (ill
initiate disciplinary action up to and including dismissal.
20. The union and the grievor shall agree to withdraw the grievor's grievance.
21. The parties agree that the grievor will be reinstated effective Monday, December 13th 1.993 and
under the terms.and conditions stated.herein.
22. The Parties request that this settlement be made an Order of the Board and that the Board retain
jurisdiction with respect to the implementation of.this settlement.
DATED IN ST. THOMAS ON THIS I y DAY OF JANUARY, 1994'.
FOR THE GRIEVOR AND
THE UNION FOR THE MINISTRY OF HEALTH
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