HomeMy WebLinkAbout2012-3349.K.15-03-18 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2012-3349
UNION#2012-0532-0073
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(K) Union
- and -
The Crown in Right of Ontario
(Ministry of Training, Colleges and Universities) Employer
BEFORE Janice Johnston Vice-Chair
FOR THE UNION Jane Letton
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Caroline Cohen
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING March 13, 2015
- 2 -
Decision
[1] This is a discharge case for innocent absenteeism.
[2] After having carefully considered the submissions of the parties I hereby declare and
direct the following:
1. Counsel for the union has undertaken to ensure that the grievor’s mother and
a friend of the grievor is made aware of the situation facing the grievor. This shall
occur on or before the end of business day on Tuesday, March 17th.
2. The grievor is to contact and commence to attend Narcotics Anonymous at a
location of his choice next week. He shall have the appropriate person speak to
counsel for the union to confirm that he is doing so.
2. Counsel for the union shall assist the grievor in obtaining the appropriate
referral from his family doctor to enable him to enroll in a minimum three week
residential program at a treatment facility of his choice. Once the referral has
been obtained and the grievor’s application to attend the program has been
submitted, union counsel will advise counsel for the employer of this fact. The
referral and application process will be completed on or before April 15, 2015. In
the event there is a delay a conference call may be held if necessary to address
the consequences of the delay.
3. The grievor shall be enrolled no later than June 1, 2015 in a minimum three
week residential treatment program.
4. At the conclusion of the residential portion of the grievor’s treatment counsel
for the union shall obtain a report from the treating physician outlining the
progress of the grievor and the recommended continued treatment. At that point
the parties shall discuss what should occur next in terms of this arbitration
process and if unable to agree a conference call will be scheduled in an
expeditious fashion.
5. Should the grievor fail to comply with any of the steps outlined above the
arbitration shall proceed based on the evidence to date.
Dated at Toronto, Ontario this 18th day of March 2015.
Janice Johnston, Vice-Chair