HomeMy WebLinkAbout1994-0359.FERNANDES94_11_21
ONTARIO EMPLOYES DE LA COURONNE
CROWN EMPLOYEES DE L 'ONTARIO
_ _ GRIEVANCE COMMISSION DE
. \
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 2100. TORONTO, ONTARIO. MSG lZ8 TELEPHONE/TELEPHONE (416) 326-1388
180 RUE DUNDAS OUEST BUREAU 2100, TORONTO (ONTARIO) M5G IZ8 FACSIMILE ITELECOPIE (416) 326-1396
359/94
IN THE HATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OPSEU (Fernandes)
Grievor
- and -
The Crown in Right of Ontario
(Ministry of Culture Tourism & Recreation)
Employer
BEFORE: M Gorsky Vice-Chairperson
J Carruthers Member
F. Collict Member
FOR THE B Ahad
GRIEVOR Grievance Officer
Ontario Public Service Employees
Union
FOR THE C. Currie
EMPLOYER Corporate Staff Relations Officer
Management Board Secretariat
HEARING November 21, 1994
2078/93
BOARD ORDER
Attached is the Memorandum of Settlement which the parties
agreed would be made an Order of the Board
DATED at Toronto, this 21st day of November, 1994.
//? . ~)-~~l
M Gorsky, Vice-C~airperson
~~
()1. Carruthers, Member
o ~.;; ~
.-:7 --t-^---0I
F l1ct, Member
~
MEMORANDUM OF SETTLEMENT
IN THE MATTER OF A GRIEVANCE
BEFORE THE
GRIEVANCE SETTLEMENT BOARD
BETWEEN
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
(Lucyna Fernandes - "Grievor" )
AND
THE CROWN IN RIGHT OF ONTARIO
(Ontario Science Centre - "Employer" )
OPSEU #: 94B757
GSB #: 359/94
Without precedent and without prejudice, the parties hereto agree ~~
to resolve the above-captioned grievance dated February 28, 1994- on
the following terms
1 Consistent with the principles of the Emplovment Equitv Act,
and the Ontario Human Riahts Code and the ongoing obligation
to accommodate short of undue hardship, the parties agree that
the following accommodation shall be made based on the
grievor's circumstances
2 The Employer shall schedule the Grievor according to P
Trayling's scheduled shifts effective December 5, 1994
3 The Grievor's schedule for the period commencing November 22nd
to December 16, 1994 is as follows
November 22, 1994 - Days (7 00 a m - 3 00 pm)
November 23, 1994 - Day Off
November 24, 1994 - Day Off
I
,
November 25, 1994 - Days (7 00 a m - 3 00 pm)
November 26, 1994 - Days (7 00 a m - 3 00 pm)
November 27, 1994 - Days (7 00 a m - 3 00 pm)
November 28, 1994 - Days (7 00 a m - 3 00 pm)
November 29, 1994 - Days (7 00 a m - 3 00 pm)
November 3D, 1994 - Days (7 00 a m - 3 00 pm)
December I, 1994 - Days (7 00 a m - 3 00 pm')
December 2, 1994 - Days (7 00 a m - 3 00 pm)
December 3, 1994 - Day Off
December 4, 1994 - Day Off
December 5, 1994 - Afternoons (3 00 p m - 11 00
pm)
December 6, 1994 - Afternoons (3 00 p m - 11 00
pm)
December 7, 1994 - Day Off
December 8, 1994 - Day Off
December 9th - Swing (10 30 a m - 6 30 pm)
December lOth - 16th- Days (7 00 a m - 3 00 pm)
4 The Grievor will commence her vacation on December 17, 1994
which will require her to use two (2 ) compensatory time off
(C TO) days
5 Upon the grievor's return from vacation in January 1995,
consistent with paragraph two (2) , she will be scheduled
according to P Trayling's schedule
6 In the event that P Trayling is not available to work an
afternoon shift(s) because of illness, vacation, C T 0 days,
etc , the Grievor will be notified and given the option of
utilizing her C T 0 or vacation days (partial or full) It
is also understood that the Grievor may approach her
colleagues and attempt to switch her shift(s) to avoid working
those afternoon shifts where P Trayling is absent
7 The Employer shall make every attempt to accommodate the
Grievor's request pursuant to paragraph six (6 ) In this
regard, it is understood that operational requirements must be
assessed in conjunction with the duty to accommodate
8 It is understood that the terms of this agreement do not
constitute any admission of liability
9 The Grievor and the Union shall withdraw the above-captioned
grievance
10 The parties agree that this settlement shall be made an Order
of the Grievance Settlement Board and the parties further
agree that the Board shall remain seized of this matter in the
event that any differences arise from the implementation or
failure to implement the terms of this settlement
J
I
Dated at Toronto this 21st day of November 1994
I ,
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O,lJv u., ~ -l-f-", ~/'/l~.J/1
For theGGrievor
~bt ~J
For . e Ontario Public Service
Employees Union