HomeMy WebLinkAbout1991-3022.Bovey.92-11-17 ONTARIO EMPL OY£S DE LA COURONNE
CROWN EMPL 0 YEES DE L 'ON TARtO
GRIEVANCE C,OMMISSlON DE
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
DUNDAS STREET, WEST, SUITE 2100, T~)RO."4TO, ONTARIO. M5G IZB · TELEPHOIVE/T~L~:PHONE: (4 16) 326- 13E8
RUE DUNDAS DOEST, BUREAU 2 I00. TORONTO (ONTARIO), MSG ;Z8 rCAC$$P'41LE/'TE£~COP{E : (4 t6j 326-I396.
3022/91
IN THE MATTER OF ~N'ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE B&RGAININ~ ACT
Before
THE GRIEVANCE SETTLEMENT BO]tRD
BETWEEN
OPSEU (Bovey)
Grlevor
- and -
The Crown in Right of Ontario (Ministry of'Health)
~mployer
BEFORE: R. Kennedy Vice-Chairperson
M. Vorster Member
D. Montrose Member
FOR THE M. Bevan
GRIEVOR Grievance Officer
Ontario Public Service Employees Union
FOR THE M. Contini
EMPLOYER Counsel
Mathews, Dinsdale & Clark
Barristers & Solicitors
HEARING October 27, 1992
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INTERIM AWARD
The Grievor was employed by the Employer in the capacity of an Ambulance
Driver/Attendant. His employment was terminated as a result of certain
observations reported to the Employer by another Driver/Attendant in the course of
an emergency call that took place February 10, 1992. Subsequent to discharge, the
Employer learned that the Grievor has a medical condition from which he has
suffered since birth, which condition, in the Employer's view, prevents the Grievor ·
from functioning in the capacity of a Driver/Attendant. At the conclusion of the
evidence of the first witness called by the Employer, discussions ensued between the
parties and arrangements were concluded which the parties wished to be contained
in an Interim Award of this Board. That agreement was as follows:
INTERIM ORDER
1. It is agreed that Mr. Bovey ~11 submit to an examination by a medical ·
specialist to be mutually agreed upon by the. ComPany and the Union to
assess his ability to perform his duties and responsibilities as an ambulance
attendant. Costs of this assessment will be borne equally by the Company
and the Union.
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2. If deemed necessary by either party, the mutually agreed upon specialist will
be provided with a wxitten job description for an ambulance attendant, such
job description itself to be mutually agreed on.
3. The examination of Mr. Bovey will take place as soon as is reasonably
possible following selection of the medical specialist.
4. if the medical specialist opines that Mr. Bovey is capable of performing the
duties and responsibilities of an ambulance attendant without risk or
impediment because of his medical condition, the Company will reinstate Mr.
Bovey with compensation for lost wages, subject to his duty to mitigate if
raised. The proceedings herein will then be terminated.
5, If the medical specialist opines that Mr. Bovey is not ~apable of performing
the duties and responsibilities of an ambulance attendant without risk or
impediment because of his medical condition, the proceedings herein will
continue. The report of the medical specialist will then be admissible in
evidence before the Board, subject to either party's right to require the
attendance of the medical specialist to give viva voce evidence, with respect to
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Mr. Bovey's medical condition and any other issues relevant to these
proceedings. .
6. If a medical specialist c~nnot be mutually agreed upon by the parties within
thirty days of the date hereof, these proceedings will be relisted for hearing
and will continue in the normal course.
Accordingly, the foregoing is the Interim Award of this Board. We remain
seized on all aspects of this grievance. Should either party require that the hearing
resume, the Registrar may be notified.
DATED this l?~h day of November, 1992.
Ross L. Kennedy - Vice-C~airperson
/
M. Vorster - Member
D. Montrose - Member