HomeMy WebLinkAbout1989-1604.LeClair.95 ' . ONT. A.FIIO EMPLOY-~$ ,DE L.4 COUROJVIV£
CROWN EM.~O?'EE$ DE L'ONTARIO
GRIEVANCE COMMISSION DE
SETTLEMENT R :GLEMENT
BOARD DES GRIEFS
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GSB~ 1604/89
OPSEU# 90A259
IN THE MATTER OF AN ARBITRATION
Under
THE 'CROWN EMPLOYEES COLLECTIVE BARGAININO ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OPSEU (LeClair)
Grievor
- and -
The Crown in Right of Ontario
(Ministry of Community & Social Services)
Employer
BEFORE: S. Stewart Vice-Chairperson
P. Klym Member
I. Cowan Member
FOR TH~ N. Coleman
GRIEVOR Counsel
Gowling, Strathy & Henderson
Barristers & Solicitors
FOR THE S. Mason
EMPLOYER Counsel
Legal Services Branch
Ministry of Community & Social Services
GSB #.~. 1604/89
OPSEU # 90A259
BOARD ORDER
Attached is the Memorandum of Settlement which the parties
agreed would be made an Order of the Board.
DATED at Toronto, this 16th day of February, 1996.
/ ? ~ ~ L.~!~,\~
S. Stewart, Vice-Chairperson
P. Klym, Member
csB ~1604/s~
OPSEU #90A259
IN THE MATTER OF AN ARBITRATION BEFORE
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN:
ONTARIO PUBLIC SERVICE EMPLOYEES UNION (the Union)
Re Grievance of Robert'Leclair (the Grievor)
- and
THE CROWN IN RIGHT OF ONTARIO
(MINISTRY OF COMMUNITY AND SOCIAL SERVICES)("the Ministry")
MEMORANDUM OF SETTLEF~I'~'T
1. The parties agree to full and final settlement of this
matter On the terms of the attached consent order, without
precedent or prejudice with respect to any other matter.
DATED at Toronto, this 2~.~h//~ay of Apr3~t, 1995.
serVice EmPl°yees~ Union
.~ Rober ..
Ministry o~ Community and social· servi
DECISION
On consent of the pa~ties, the Board makes the following
orders:
1. The Ministry failed to remove all documents in reference
to its investigation and suspension with pay of'Bob Leclair in
respect of unsubstantiated allegations of theft of ice cream and
sleeping on the job on August 2, 1989 from all Oxford Regional
Centre records and files, not limited to but including all of the
Critical Incidents Committee record, in violation of the Board's
order dated May 13, 1991.
2. The Ministry acknowledges that it failed to "remove all
documents in reference to its investigation and suspension with pay
of Bob Leclair in respect of unsubstantiated allegations of theft
of ice cream and sleeping on the job on August 2, '1989, from all'
Oxford Regional Centre records and files, not limited to but
including all of the Critical Incidents Committee record" as
directed by the Board in a consent order dated May 13, 1991. In
making this acknowledgment, the Ministry wishes to note that,
(i) the letter of suspension, the investigation report of the
Critical Incidents Committee, and the letter of complaint
which gave rise to the investigation were deleted from.
all ORC files known by management to contain them;
(ii) other documents were retained in the Human Resources
grievance file in the belief that this file was exempt
from the order.
3. Oxford Regional Centre is to retain only the grievance
form (without attachments) and the Board order of May 13, 1991, in
its grievance file in 'the Human Resources office. All other
documents relating to the unsubstantiated allegations of theft of
ice cream and sleeping on the job in or about August, 1989, are to
be expunged from all Oxford Regional Centre files which.are known
by the Employer to contain such documents. At the.date of this
order, these 'files are in the Human Resources grievance file, Mr.
Leclair's personnel file, and the file of the Stage 2 designee (P.
Anstead). If the management of Oxford Regional Centre becomes
aware of any other, files containing such documents after this
Order, the documents are to be expunged.
4. The Oxford Regional Centre Human Resources grievance file
described in paragraph..2 above is to be available only to Human
Resources staff and not to managers in other departments except in
the event that Mr. Lectair raised any complaint regarding the
Ministry's conduct in the matter of the unsubstantiated allegations
of theft of ice cream and sleeping on the job in or about August,
1989.
3
5. The Legal Services Branch and the Human Resources of the'
Ministry may retain their complete files with all documents
relating to this matter. The contents of these files shall notlbe
used by the Ministry unless Mr. Leclair' raises any complai~
regarding the Ministry's conduct in the matter of the
unsubstantiated allegations of theft of ice cream and sleeping on'
the Job in or about August, 1989.
DATED at Toronto, this day of ,
1995.
S.L. Stewart - Vice Chair Person
P. Klym, Member
I. Cowan, Member