Loading...
HomeMy WebLinkAbout1992-3062.Young.96-08-01 ~. ~ ONTARIO EMPLOYES DE LA COURONNE CROWN EMPLOYEES DE L'ONTARIO 1111 GRIEVANCE COMMISSION DE SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST, SUITE 2100, TORONTO ON M5G 1Z8 TELEPHONE/TELEPHONE (416) 326-1388 180, RUE DUNDAS OUEST, BUREAU 2100, TORONTO (ON) M5G 1Z8 FACSIMILEITELECOPIE (416) 326-1396 .... GSB # 3062/92 OPSEU # 93B067 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Young) Grievor - and - The Crown in Right of Ontario (Ministry of Health) Employer BEFORE W. Kaplan Vice-Chairperson FOR THE D. Wright GRIEVOR Counsel Ryder, Wright, Blair & Doyle Barristers & Solicitors FOR THE M. Quick EMPLOYER Counsel Legal Services Branch Ministry of Health HEARING July 16, 1996 ~' " 2 Introduction On June 17, 1995, the parties entered into Minutes of Settlement. - These Minutes were directed at resolving a large number of m~tters in dispute, including..several grievances The Minutes were, moreover, aimed at facilitating Ms. Voung.'s early return to the workplace by setting out a framework for the development of a protocol for the accommodation of Ms Young With the assistance of a facilitator, the parties have been able to agree on most of the elements of the accommodation protocol However, they were unable to agree on a number of items and, pursuant to the Minutes of Settlement, a hearing was held on these additional outstanding matters The following contains my order with respect to these issues I direct the parties to revise the accommodation protocol to include these items, and to \ then sign that protocol Once the protocol is signed it is to be returned to the Board where it will, at the request of the parties, and by my direction, be issued as an order of the Board Paragraph 3 Movement Outside Designated Accommodation and Designated Entrance Exit Parag raph 3 to read Ms. Young recognizes that, in cases in which the Employer does not require her to be outside the safe ward area, should she choose to be outside of this area that she assumes the personal risk for doing so It is understood that this does not apply to training, fire emergencies, required meetings with Hospital ManagemenVAdminis~ration which cannot take place in the designated area, or movement to the union office for matters that the Union has indicated it is not able to deal with in the designated area such as union votes. Ms. Young will provide four hours' notice of any meeting taking place in the union office, and temporary signs will be posted on a route to be agreed upon by the Union and the Employer Whenever possible, the Employer will make alternate offices, or private locations on the ward or other designated area(s), available to the Union ~ ... 3 and Ms. Young The Union will ensure that appropriate signs are posted in its office This part of the protocol does not restrict any rights Ms. Young may have with respect to Workers' Compensation or the making of an application to the Workers' Compensation Board. Paragraphs 20 & 21 Appointment of a Designated Physician and Post Exposure These paragraphs are to be combined and renumbered Paragraph 20 Paragraph 20 to read as follows The parties agree to designate a mutually-agreed upon physician who, subject to the following paragraph, may examine Ms. Young and report to both her and to the Employer with respect to her health and her ability to return to work should an exposure occur In accordance with the Memorandum of Settlement, the parties will, forthwith, meet and attempt to agree on the designation of this physician. If they are unable to do so within thirty days of the issue of this award, William Kaplan will make the choice by final offer selection. In the event that the designated doctor, chosen consensually or by final offer selection, becomes unable or unwilling to serve, the parties will meet forthwith and attempt to agree on the appointment of a replacement, and in the event that they are unable to agree that choice will be made by William Kaplan, or by another Vice-Chair of the Board, by final offer selection The intent of this provision is to ensure a designated physician is available, if required, to examine Ms. Young as soon as possible after an exposure and report on her condition to Ms. Young and to the Employer The designated physician will be provided with a copy of the "Ongoing Protocol for the Accommodation of Cheryl Young at Kingston Psychiatric Hospital." In the event of an exposure, the parties agree and understand that Ms. I Young's return to work will be dependent on her post-exposure condition Ms. Young will inform the Ward Supervisor as soon as possibl~ following an exposure, should one occur, as to the expected date of her return The Employer may, in accordance with the terms set out in the Collective Agreement, require Ms. Young to be examined by the designated physician who will report to Ms. Young and the Employer with respect to Ms. Young's expected date of return. When the designated physician, or someone standing in for him or her, or, should Ms. Young not be referred to the designated physician, one of Ms. Young's own doctors, determines that Ms. Young is able to return to work, she will notify the Employer promptly and will return to work on her next scheduled shift consistent with the medical recommendation, or as agreed. Ms. Young's family physician will also be provided by Ms. Young with a copy of the "Ongoing Protocol for the Accommodation of Cheryl Young at Kingston Psychiatric Hospital" ~- :f-t ~ 4 As the rest of the paragraph 21 was not in dispute, it can be incorporated as is Paragraph 22 Changes to or Closing of the Chronic Care Male Ward (CCM) (currently Ward 12) .... Paragraph 22 to read as follows In the event of changes to the functioning or location of the Chronic Care Male Ward, the Employer will, recognizing, however, its entitlement to assign work, meet with Ms. Young and the Union, to discuss and negotiate any modification to the arrangements set out in this protocol which may be required by such reassignment, and will do so prior to the changes or relocation being implemented. Ms. Young will be given a minimum of five days notice of the changes following the discussion/negotiations referred to above If the Chronic Care Male Ward is ,to be closed, arrangements which reflect the principles of this protocol will be discussed and negotiated with Ms. Young and the Union in advance of her being reassigned. The purpose of these discussions and negotiations is to identify and deal with implementation problems in the new or changed work setting, and any changes which may be made are to be consistent with the general terms of this protocol which will remain in effect. Put another way, it is intended and expected that any changes to the grievor's assignment, or any new assignment, will only require refinements and/or minor adjustments of this protocol and, in any event, that any changes which take place will be consistent with its spirit and terms. As requested by the parties, I remain seized with respect to the implementation of this award DATED at Toronto this 1st day Of August, 1996. !~II/-.~ William Kaplan Vice-Chairperson ----------