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HomeMy WebLinkAbout1988-0961.Barker et al.89-02-24 ONTARIO EMPLOY£S DE LA COUHONN£ CF~OWN EMPLOYEES DE L'ONTARIO GRIEYANCE C,OMMISSiON DE SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 D{JNDA$ STREET WEST, TORONTO. ONTARtO. M5G 1ZI~ - SUITE 2?O0 TELEPHONE/T~:L~:PHONE 180, RUE DUNDAS OUEST, TORONTO, (ONTARIO) M5G 'I Z8. BUREAU2100 (416) 598-0588 0961/88 IN THE MATTER OF AN ARBITRATION under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT b~fore THE GRIEVANCE SETTLEMENT BOARD Between: .... OPSEU (Barker et at) ...... Griever and The Crown in Right of Ontario (Ministry of the Attorney General) Employer Before: Paula Knopf Vice-Chairperson P. Klym Member 'M.F, O'Toole Member For the Griever: '[an Roland Counse] Gowling and Henderson Barristers and Solicitors For the Employer: Leslie Mclntosh - Counsel " Crown Law Office, Civil Ministry of the Attorney General tlearing: February 3, 1989 DECISION These are grievances filed under Article 18 of the collective agreement seeking relief from management for alleged violations of the health and safety provisions of the collective agreement. At the outset of the proceedings, the parties indicated that the Employer would be seeking an adjournment and this was initially opposed by the Union. However, after extensive discussion, the parties agreed to adjourn the proceedings under specified conditions. After hearing the representations of counsel for the parties, the Board hereby orders as follows: 1. The proceedings are adjourned sine die on the following basis: (a) The parties are required to request the Ministry of Labour to have Mr. Pascal Dennis do a study with respect to heat exposure levels of the Sheriff's Officer II's in the Judicial District of York who carry out their duties in Ministry vehicles over the summer of 1989. Further, this Board also expresses its recommendation to the Ministry of Labour that such a study be conducted in order to assist the parties in determining the difficult and important issues raised in these grievances. (b) The parties are ordered to meet and review the terms of reference for the aforesaid study on or before April 15, 1989 and the pprties shall forthwith advise the Registrar in writing of the result of such review. If the parties agree on the terms of reference, the parties shall be bound by any finding that heat exposure levels present a health and safety risk to these employees. (c) If the aforesaid study concludes that there is a health and safety risk to the employees, then the parties are ordered to meet within one month of the release of the study to attempt to resolve the appropriate remedy. If the parties cannot agree on an appropriate remedy, they shall so advise the Registrar in writing within one month of the release of the study and the matter of remedy only shall be determined by the Grievance Settlement Board at the earliest possible date. (d) If the study concludes that there is no health and safety risk to the employees, then these grievances are deemed to be withdrawn. 2. In the event that the parties are unable to reach' agreement on the terms of reference for the aforesaid study as outlined above, or the Ministry of Labour refuses the parties request as outlined above, then this matter is deemed to be adjourned to the dates of May 3, 9 and 10, 1989 which have been fixed for hearing of these matters by the Registrar. 3. This panel is not seized with these matters. DATED at Toronto, Ontario this 2'~k day of February, 1989. P. Knopf ~ Vice-Chairperson p.