HomeMy WebLinkAbout1990-1850.Foulkes.91-11-15 ONTARIO ' EMPL 0 Y(iS DE LA COURO~NE
CROWN EMPL 0 ?EE$ DE L 'ON TARIO
GRIEVANCE C,OMMiSSION DE
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
190 DUNDAS STREET WEST. SUITE2100, TORONTO, ONTARFO. M5G '~Z8 TELEPHONE/TELEPHONE: (416)326-;388
~80, RUE OUNOAS OUEST, BUREAU 2100, TORONTO (ONTAR~OL MSG 1Z8 FACStMILE/T~L~COPtE ; (416) 326-~3~
1850/90
IN THE I~TTER OF AN ~BITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ~CT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OPSEU (Foulkes)
'Grlevor
- &nd -
The Crown in Right of Ontario (Ministry of Labour)
Employer
BEFORE: W, Low Vice-Chairperson J, Carruthers Member
M. O'Toole Member
FOR THE L. Rothstein
GRIEVOR Counsel
Gowiing, Strathy & Henderson
Barristers & Solicitors
FOR TH~ S. Gleave
EMPLOYER Counsel
Hicks, Morley, Hamilton, Stewart, Storie
Barristers & Solicitors
HEARIN~ October 23, 1991
FILE NUMBER: 1850/90
IN THE MATTER OF AN ARBITRATION
BETWEEN :
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
(M. FOULKES)
GRIEVOR
- and -
THE CROWN IN RIGHT OF ONTARIO
(MINISTRY OF LABOUR)
EMPLOYER
CONSENT ORDER
Pursuant to Minutes of Settlement filed and on consent:
1. The Employer acknowledges that the conduct of its
employee, Mr. Cabeza ("Cabeza") vis-a-vis the
Grievor constitutes harassment;
1. Mr. Cabeza shall not be.permitted to return to work
in the Radiation ~rotection Service or its
successor department ("RPS") of the Ministry of
Labour or to any department~ 'located at 8lA
Resources Road, Weston, Ontario, while the Grievor
is assigned to the RPS or any other department at
that location unless and until the following
conditions are met:
(a) Mr. Cabeza undertakes counselling and training
courses in communication and interpersonal
'skills as directed by the Human Resources
Branch of the Ministry of Labour; and
(b) Mr. Cabeza satisfies the Deputy Minister of
Labour that his awareness and interpersonal
skills have improved to the extent that he
will not engage in further harassment.
2. The parties agree that the Deputy Minister will not
make a determination under paragraph 2(b) above
until after he/she has notified the Grievor of Mr.
Cabeza's request to return in the RPS or at 8lA
Resources Road and has permitted her and her
representative an opportunity to be' heard with
respect to the determination.
3. In the 'event that Mr. Cabeza satisfies the
conditions set out in paragraph 2 above, the
parties agree that at no time shall the Griev0r be
required to work for Mr. Cabeza nor shall Mr.
Cabeza exercise any supervisory authority over the
Grievor.
4. The Memorandum of Settlement, filed herein,' is made
3
without prejudice and without precedent except for
the enforcement of its terms.
DATED at Toronto this 15th day of November, 199I.
. CARRUTHERS
M. O ' TOOLE