HomeMy WebLinkAboutWaddingham 13-06-25In the Matter of an Arbitration
Between
The Kingston General Hospital
And
Ontario Public Service Employees’ Union – Local 444
Regarding: Accommodation Grievances of John
Waddingham
Sole Arbitrator: Felicity D. Briggs
For the Hospital: Peter Hass
For the Union: Peggy Smith
Bev Weaver
2012-0444-0023
1
On March 21, 2013, this Board issued a decision regarding the agreement
of the parties concerning the accommodation grievances filed by Mr. John
Waddingham. The decision stated, in part:
There shall be an accommodation meeting held on Wednesday
April 3, 2013 at which time the Employer agrees to present a
number of accommodation options for consideration and
approval of the grievor and the Union.
It is the intention of the parties that the grievor shall be
accommodated into a new position as quickly as possible.
I remained seized. In accordance with the above, the parties met and
ultimately came to the following agreement.
Whereas the parties are the subject of an Order dated March 21st, 2013
issued by Arbitrator Felicity Briggs, the full and final application and
dispensation of the matter is outlined below:
1. The Hospital recognizes the requirement to accommodate the
Employee for two days per week.
2. There exists no position covered by the OPSEU 444 collective
agreement for which the Employee is qualified. As such, the
Hospital is required to assess positions in other units accordingly.
3. The current option for accommodation exists in the Canadian
Union of Public Employees (CUPE) part-time bargaining unit as an
Environmental Services Assistant (ESA).
4. To recognize the dynamic nature of the posting process at the
Hospital, the Employee will be given first right of refusal for any
part-time, two (2) day per week administrative position for which
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he is qualified that becomes available in the Hospital for twelve
(12) months from the signing of this Memorandum. For clarity,
the Employee will be provided every choice to move to another
final position as it may arise for twelve months, after which the
ESA role will become permanent. A mechanism for
communicating both potential offers as well as quick acceptances
or declinations will be established.
5. The Employee will accrue seniority in OPSEU 444 for all hours
worked in that bargaining unit. The Employee will accrue
seniority in CUPE Local 1974 Part-time for all hours worked in that
part-time bargaining unit.
6. The Employees’ rate of pay will be that of the position in which he
works. The employee will be placed at the top of each respective
salary scale.
7. Scheduling of the Employee until December 31st, 2014 will be
conducted in the following manner:
a. During the training period for the ESA role, the Employee
will be scheduled full-time as an ESA. Once training is
complete, the following provisions apply.
b. Three (3) regular days per calendar week will be scheduled
in Pharmacy. Should work other than a ‘W’ shift be
available, either on those days or in addition to the
scheduled ‘W’ shift days, every effort will be made to assign
that work to the Employee. For the sake of clarity, if work
other than a “W” shift is available, every effort will be made
to schedule that work on a day over and above the three
scheduled days, and that only if the work is time sensitive
will it be in lieu of one of the three scheduled W shifts, in
order to maximize the number of shifts in Pharmacy.
c. A maximum of two (2) additional days per calendar week,
except in weeks where an additional Pharmacy shift(s) was
worked, will be scheduled in Environmental Services. It is
understood that variable shifts may be required in this role.
3
d. Notwithstanding the differences between the bargaining
units, the Employee will under no circumstance be required
to work shifts in either area without a minimum of eight (8)
hours rest between tours.
e. In the event that the employee is offered ESA shifts that
place him into a premium situation, the employee is
required to self-declare that circumstance for a final
determination of whether the work will be performed at
premium time, solely at the discretion of management.
f. Any other collective agreement rights and benefits, with
the exception of union dues owed and seniority earned
while working in the CUPE position, would continue to flow
from the OPSEU 444 agreement, and the Employee’s home
position would remain in place during the dual-bargaining
unit accommodation period.
g. Any other matters related to scheduling, the application of
the collective agreement, and the application of overall
corporate policies (ie. the KGH Attendance Program) will be
discussed between the parties for amicable resolution.
h. Should it be required, the parties agree to maintain
Arbitrator Felicity Briggs as seized.
8. The Employee will maintain full-time OPSEU 444 benefits for the
period between the signing of this Memorandum until December
31st, 2014.
9. After December 31st, 2014, the Employee will revert to the full
provisions under whichever collective agreement his active
employment falls.
10. The Hospital would reiterate:
a. The commitment that the Employee will be on approved
vacation from Friday September 06th, 2013 to Monday,
September 16th, 2013 inclusive. Notwithstanding the level
of his actual vacation bank at this time, the vacation time
will be accounted for in a separate manner as a resolution
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for outstanding matters, and will not affect his actual
vacation bank total.
b. The Employee’s file is expunged of any and all active
discipline.
11. The Employee hereby releases the Hospital and the Union and
their respective employees, servants and agents from any and all
claims, complaints and grievances of any legal description which
could be heard by any legal forum respecting the circumstances
giving rise to the grievances and this Agreement, and this release
specifically includes any claims and complaints which may have
been or may be filed under the Human Rights Code in respect of
events that have taken place up to the date of this Agreement.
12. The Employee and the Union hereby agree that this settlement is
not an admission of liability by the Hospital and, in fact, such
liability is denied.
13. The Employee agrees that he fully understands the terms of this
memorandum of agreement and that he has been fairly
represented by the Union throughout these proceedings.
14. This settlement is without prejudice or precedent to any other
employee or matter between the parties, and shall be relied on
only to the extent required to enforce this Agreement.
I continue to remain seized.
Dated in Toronto this 25th day of June, 2013.
Felicity D. Briggs