HomeMy WebLinkAbout1990-1054.Quinn.91-06-13
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~t' . .'.., . - ONTARIO' EMPLOYES DHA COURONNE
J. ... , . '. CROWN EMPLOYEES DE L'ONTARlO
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, " 1111 GRIEVANCE CPMM'SS'ON DE
'. SETrLEMENT REGLEMENT
'. 'BOARD DES GRIEFS
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180 DUNDAS STREET WEST, sum: 2100, TORONTO, ONTARIO, M5G IZ8 TELEPHONEITELÈPHONE: (416) 326-1388
180, RUE DUNOAS OUEST, BUREAU 2100, TORONTO (ONTARIO). M5G lZB FACSIMILEIT"EL.ECOPIE: (416) 326-1396
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1054/9-0
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
pETWEEN
/ OPSEU (Quinn)
Grievor
- and -
The Crown in Right of Ontario
(Ministry of culture and Communications)
Employer
BEFORE: W. Kaplan Vice-Chairperson
w. Rannachan Member -
D. Clark Member
FOR THE D. Wright -
GRIEVOR Counsel
Ryder, Whitaker, Wright & Chapman
Barristers & Solicitors
FOR THE J. Knight, C. Zabek
EMPLOYER Counsel
Fraser & Beatty
Barristers & Solicitors
HEARING: March 5, 1991
May 14, 16, 1991
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Introduction
By a grievance dated May 28, 1990, Austin Quinn, a Security Officer
at the Ontario Science Centre, grieved that"he had been disciplined
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without cause. A hearing was held in Toronto on March 5, 1991 at
which time certain preliminary matters were addressed. In the
result, the Board issued a preliminary decision relating to the
disclosure of certain documents on March 25, 1991. On ,May 14, 1991
the hearing resumed, and following certain evidence a settlement
was reached. At the request of the parties it is being issued as
an order of the Board.
1. The grievance is hereby fully'and finally resolved. '.
2. The grievor hereby issues a letter of apology to the
complainant, which is attached hereto as Appendix "~lJ.
3. The Union and the Employer are committed to
promoting a workplace which is free from harassment, and
sexual harassment in particular. The parties mutually
recognize ,the value of training both management and
bargaining unit employees in identifying and preventing
sexual harassment in the workplace. The parties
therefore will promptly schedule a meeting of the Local
ERe to endeavour to agree on suitable training.
4. The Employer will change the letter of suspension
dated May 8, 1990 from 20 (twenty) working days to 10
(ten) and will recompense the grievor accordingly at the
1990 rate with interest and the Employer will change the
period of suspension from May 30, to June '12, 1990
inclusive. For the purposes of entitlement to pension,
the grievor's continuous service/membership date of
August 24,' 1981 will not be affected by the suspension.
5. The matter of the complaint of sexual harassment and
the subsequent suspension of Austin Quinn has been fully
and finally resolved by these proceedings, with the
active participation and consent of the complainant, the
grievor, and the parties. The grievor, the Union, and
the Employer accordingly undertake not to engage in
further discussion of these matters.
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6. The parties agree that this resolution shall not set
a precedent and is without prejudice to future or other
cases.
;.
APPENDIX "A" ~ ,
TO: [na"me omitted]
I extend my sincere apologies for any embarrassment or discomfort
you may have experienced as a result of actions or statements on
my part.
I can assure you that I did not intend my actions or statements to
cause you such embarrassment or discomfort, and that those actions
~nd statements will not take place in the 'future.
Signed
"Austin Quinn"
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Accordingly, the above settlement is issued as an order of the
Board and we remain seized with respect to its implementation.
/te~ :tawa this 13th -,day of June 1991.
/¡f(¡iam . Kaplan
Vice-Chairperson
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W.Rannachan ~
Member
D.;Q.rk ât. ~d
Member
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