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HomeMy WebLinkAbout1993-0963.Gushue.94-08-31 \.. ONTARIO EMPLOYES DE LA COURONNE CROWN EMPLOYEES DE L'ONTARIO GRIEVANCE I COMMISSION DE . 1111 SETTLEMENT REGLEMENT BOARD DES GRIEFS ,I' ( 180 DUNDAS STREET WEST SUITE 2100 TORONTO ONTARIO M5G IZ8 TELEPHONEITEUipHONE (416) 326-1388 180, RUE DUNDAS OUEST BUREAU 2100 TORONTO (ONTARIO) M5G lZ8 FACSIMILE ITELECOPIE (416) 326- 1396 963/93 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD \ BETWEEN OPSEU (Gushue et al) Grievor - and - The Crown in Right of Ontario " 1'1 I (Ministry of Health) Employer BEFORE: S. Kaufman Vice-Chairperson J. Laniel Member D Clark Member FOR THE J Paul GRIEVOR Grievance Officer ontario Public Service Employees Union FOR THE S. Patterson EMPLOYER Counsel Management Board Secretariat Ii:, I,~. " 1<' ~ ~ "" 4" \ \ 963/93 BOAR~D ORDER Attached is the Memorandum of Settlement 'which the parties) agreed would be ll)ade an Order of the Board. DATED at Toronto, this 31st day of August, 1994~ ) --'-----, J. a~ -d/ D Clark, Member ! ~t: j; / - ~l - -------'--- ~----'--: J ..., f' -- GSB # 9E~/92 et al } In the Matter of a Proceeding before the Ontario PuBlic Service Grievance Settlement Board -between- The Ort~ario Public Service Employees Union (The Union) -and- A Gushue, M Guymer, S Noad, K White (The Employees) -and- The Crown In Right of Ontario (The Ministry of Health) (The Employer) MEMORANDUM OF SETTLEMENT The parties agree to the following terms in full and final settlement of the above grievance 1 The Union and the Employees shall withdraw the above grievances 2 The Employer acknowledges the importance of having a workplace which is free from harassment and fully accepts the responsibility of the Employer under the provisions of the Crown Employees Collective Barqaininq Act and the provisions of the Collective Agreement Without limiting the generality of the above the employer endorses the provisions of the Collective Agreement which prohibit discriminatory conduct due to union membership or i~vo~vement and the health and safety provisions of the agreement L ) - - -- _ __ __..__,_ ~ ---.----c l ,- ~ 3 The Employer will ensure that the Employees are provided with an opportunity to attend all of the education courses ~hich they may have missed during the course of their ~evelopmental opportunity Attached as Appendix A to this agreement is a list of the specific courses which will b~ made available to each of the Employees 4 The Employ~r acknowledges that Mrs Joan Cavallin was instructed to, and did, provide an apology to the Employees in the form attached at Appendix B 5 The Employer accepts t{iat certain of the actions and statements of Mrs Cavallin were a violation of the provisions of Article A of the Collective Agreement in that they were seen by the Employees as being discriminatory on the basis of the involvement of the Employees in union activity r 6 The Employer acknowledges that any reprisals against the Employees due to the filing of these grievances or the exercise of any of the rights of the employees under of the Crown Emplovees Collective Barqaininq Act would be a violation of that Act and that the Employer is responsible for ensuring that such reprisals do not occur 7 At the request of either the Union or the Employer this agreement may be made an order of the Grievance Settlement Board 7(~ 0V/- -k . ~L/" Y ~~ ftl~ Date ~ (I A us ue ~7/t>-)1vU--o' ~/Y/1-D1 au ~ M Guymer Date 1 ! of/c:);l ,)y.~ 4 yU~J ~. ;) q 1 , d;2 ~~.,/I~~ T Da te 9. A uC;..,<:'7( l \ , \<::tC( ~ Date I / ~ - - -. - -.- - -- -- -- -- - - -. - .- <) I "- APPENDIX A 1 The parties agree that the grievors shall each be offered a total of ten days of courses in 'the subjects set out below The employees may elect to distribute the ten days of courses among all or some of the courses set out below as they see fit Courses a) Lotus 1-2-3 b) DOS c) Word Perfect d) Team Buuilding } e) Adult Training Workshop ,.;.. f) Effective Meeting Techniques 2 The parties agree that the Ministry internalJ,.y offers ,two " courses known as " Out-of-Country Policy and Procedures" and - '" "Customer Service Communication Skills" The parties further - agree that these two courSes shall be made available to the grievors and that the length of the courses shall be as dictated by the Ministry's general practices ~ \ ( ( - _~'-U.J_ ) .. ,.tl {, f~I\/> i.../)I>( ..., 0 \ ! ~. ~, / February 28, 1993 Mrs. , Claims Payment Operations, London District Office. Dear . . Some of the views expressed at our meeting in Toronto, dealt with a perceived breach of confidentiality and and the percep~ion that I had a problem with certain aspects of your union involvement and activities. I sincerely apologize if I had said or done anything tha~ led to this conclusion, as it was never my intent to censor your union involvement or breach confidence~ Yours truly, ! :.trs . Joan Cavallin ,. .-./ '--