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Home My WebLink About1993-0049.Marchio.95-02-20 ~;. ~ ~~/6 ONTARIO EMPLOYES DE LA COURONNE ~\urfC'(',:.JU-1 CROWN EMPLOYEES DE L'ONTARIO cAl1j\l'\ t.f}$ 1111 GRIEVANCE COMMISSION DE l",(f' I I SETTLEMENT REGlEMENT tlv tpt'f-< ~(}'CvY \ C BOARD .DES GRIEFS ~p V" S' t> oP ~ V\~ 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 FACSJMJLE/TELECOPJE (416) 326-1396 .- GSB # 49/93, 10/94, 138/94 OPSEU # 930031, 94A504, 94A557 - IN THE MATTER OF AN ARBITRATION Onder ) THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Marchio) \ Grievor - and - The Crown in Right of ontario (Ministry of Correctional Services) Employer BEFORE H. Finley Vice-Chairperson FOR THE L. Yearwood GRIEVOR Grievance Officer Ontario Public Service Employees Union FOR THE M Mously EMPLOYER Grievance Administration Officer Ministry of the Solicitor General and Correctional Services HEARING January 19, 1995 , 1-. ;.;.~ _ ~ GSB # 049/~~, 010/94, 138/94 CON S E N TOR D E R At 1;he outset of- the hearing'; the parties agreed to have this matter heard by "a sing~e arbi t;ratgr pursuant to s. 46.1 of the of the Labour Relations Act: . , 461-(1) O-esplte any grie',('an.ce or .arbitration provision in a collective agreel'!\ent or .deE!med to be included in the collective agreement under section 45, the parties to the collective agreement may, at any -~ time, agree to refer' one or more grievances under the collective agreement to a single mediator-arbitrator for the purpose 0 fres 01 v i ng gr ievanc.l:!s ~ n an '.~. expeditious and informal,manner. (2) The parties shall not re-fer a grievance to a medl'ator-arbitrator unless they have agreed upon the nature of any issues in dispute. \ (3) The part"i:es may jointly request the Minister to appo int a _mediator-arQi trator if they are unable to agree upon one and the Minister shall make the appointment. ~ [See CECBA, 9. (3), .below) (4) Subj ect to subsection (5), a mediator-arb! trator appointed by the Minister shall begin proceedings within thirty days after being appointed* (See CECBA, 9. (4), below] (5) The Minister may direct a mediator-arbitrator appointed by him or her to being proceedings on such date as the p~rties jointly request [See CECBA. 9. (4), .below.] (6) The mediator-arbitrator shall endeavour to assist the parties/to settle the grievance by mediation (7) If the parties are unable to settle the grievance by mediation, the mediator-arbi trator shall endeavour to assist the parties to agree upon the material facts in dispute and then shall determine the grievance by arbitration \ .i." e ~'. (8l When determining the grievance by arbitr~tion, the mediator-arbitrator may 11I'i\1 t the nature and extent of evidence and submissions and may impose such conditions as he or shoe cons iders a'ppropr iate (9.) The mediator-arbitrator s.nall give a succinct decision within five days after completing proceedings on the grlevance...subml tt.ed t:o arb! trat ion. (10} Subsections 45 (Jt to (111 apply with respect to a mediator-arb! trator and a settlement, determination or - decision under this- section. 1992, c.21, s. 25. t :- Section 9 of the Crown EmD10vees Collective Baraainlna Act ,. ,. refers to the above section: .- 9.-(1) The app+ication of section 46.1 of the Labour Relations. A'ct with respect to Crown employees is subject to the'modi'fications set out in th.is section (2) I f there is an agreement to re fer one or more gr levances to a med lator-arbi trator und~r subsection 46.1 (1) of the Labour Relations Act, the mediator- arbitrator shall be a vice-chair ~f the Grievance Settlement Board appointed by the chair of~the Board. (3) Subsection 46.1 (3) of the Labour Relations Act does not apply. (4) Reference~ to the Minister in sUbsectipns 46.1 (4) and (5) of the Labour Relations. Act shall be deemed to be references to the chair of the Grievance Settlement Board. They also agreed that I should be sel-zed o.f two addi tio~al grievances filed by the Grievor, Bernard Marchiof The grievances before the Board were - ~49/~3 Japuary 17, 1993 \ - 010/94 January 31, 1994 - 138/94 February 14, ].994 I - 1063/94 April 25, 1994 - 1661/94 September 22 1994 The first three gr ievances were settled and the parties asked that the settlement be made an order of this Board It was not I- 2 ~ G -- ('Z,. ,', possible to dispose of the remainIng two grl'evances, due to a lack of relevant information The parties have requested, and the Board has agreed, that this Board should remained seized of the two r'e'ma i n'i ng grievances and that the heating will reconvene, '- sho\uld the part'ies not se-ttle th'e m . They are therefore ad:lournedsine die pending settleme.nt < The parties s1 gried the f~llbwing ~emoran~um of Settlement, without precedent and prejudice: 'Memorandum of settlement in the Matter of a Grievance .. , I BETWEEN: Ontario Public Service Employees Union (The Union) arid The Crown in Right. of Ontarlo (Ministry of the Solicitor-General and Correctional Services) (The Ministry) :: IN THE. MATTER OF: -I Bernard Marchio (The Grievor) - GSB File: Date and Stibject of Grievance: 0049/93 January 17, 1993 - Article A I 0010/94 January 31, 1994 - Attendance Review 0138/9.4 February 14, 1994 - Article A The patties agree to a-full and final settlement of the 'above-noted gr ievances without precedent and without prejudice to any future arid/or similar matters on the f'ollowlng terms: 1 Management at the Niagara Detention Centre (Management) acknowledges that the gr ievor has a medical condition which presently requires accommodation in the workplace. 2 The Union and the Grievor agree that the Ministry has ./ ( 3 ,r.c .t already taken steps to accommodate the Grievor's med-ical condition. 3. The parties agree that the Gr.ievor is' presently being accommodated under the following terms: "He will .);> fi' assigned to the utility Sched~le- days/evenings, 8.5 hour day, 30 minute unpaid lunch break with two 15 minut~ snac~ ,breaks " 4. Manageme:n~". agrees that, should the Grievor be unable to attend to his duties in the workplace due to sickness, -he can bring the matter to the attention of the Shi ft '- J Supervisor and the matter will be addressed. 5. The parties agree that the accommodation set out in this settlement shal;L continue until January 18, 1996. ,; , 6. The parties agree that the Grievor's need for accommodation shall be reviewed at that time and every twelve C12} months thereafter as long as the Grievor requires accommodation 7. The Union and the Grievor agree to fully co-operate with the review set out in paragraph 6 including the provision of ~ medical certificate at the time of the review. - 8. Th~ parties agree that in. regards to the medical certificate set out in par.agraph 7, the medical certificate will be provided by the qrievor's practicing physician and will specify that there is ,a medical cond i tic;>n _requir ing c.ontinued accommodation in the workplace 9. The parties agree that, in the event that eithef tHe Grievor or Management has concerns regarding the accommodation of the Grievor beyond what is laid oU.t ~n paragraph 8, a medical opinion will be provided by1a Specialist in Diabetes Mellitus by th~ following process: - 4 I j ( ':b ~ ~ rw. a) Th~ party requ~sting will s ubinl t. a list of three (3) Specialis.ts. b) The other party will choose one (1 ) of the three ( 3) Specialistswith-in fifteen (15) working days c) Th~ appointment for examination will be made within seven (7) working days of the response. , The cost of this med-ical op i.n.1 on will be borne by the .) requesting party. 10. The Union and the Grievor acknowledge that the I review of employee attendance are legitimate concerns [~] of the Ministry. , ,. \ 11. Management agrees that, for the purpose of the local Attendance Review policy, the Grievor shall be considered to be at the stage in the attendance review process where he has had an informal interview. If the Grievor maintains - satisfactory attendance, his position in the process will be - reviewed by 'Management. 12. In the event that the Grievor's medical condition affects his ability to maintain satisfactory attendance, this will be addressed as part of the ongoing review of his accommodation needs. 13. Management agrees that, if the Grievor maintains satisfactory attendance levels as of the date of this settlement, he will \ not advance through of the the steps local Attendance Review process. 14 Management agrees ~ha.t , if the Grievor does not maintain satisfactory attendance levels as of the date of this settlement, he will only advance through the steps of the local Attendance Review process if his need for accommodation has been addressed 5 -~-- -- 110 ~ '~}i 15. The partIes agree that thIs Memorandum of Settlement be made an order of the Grievance Settlement Board. 16. The Union and the Grlevor agree to withdraw the above-noted grievance. Dated this 19th day of January:, 1995. ~ I (Signed) I --' B. Marchio For the Grievor For the Union For the Ministry It Is hereby made an order of the Grievance Settlement Board. Dated at Kingston d,o ~~ ( )''7S~ , ....- ~ 6 l