HomeMy WebLinkAbout1994-1750WILK95_09_26
..- ONTARIO EMPLOYES DE LA COURONNE
CROWN EMPLOYEES DE L'ONTARIO
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SETTLEMENT REGLEMENT \'I L\.....
BOARD DES GRIEFS ?~ ( \~\"- J.
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180 DUNDAS STREET WEST SUITE 2100 TORONTO ONTARIO M5G IZ8 TELEPHONEITE:LE:PHONE (416) 326-1388
180 RUE DUNDAS OUEST BUREAU 2700 TORONTO (ONTARIO) M5G lZ8 FACSIMILE ITEU,COPIE (416) 326-1396
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I SEP 2 7 1995 IN THE MATTER OF AN ARBITRATION
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/' '" r_ ;;:~ l'-'.fIDS'1'RE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
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Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OPSEU (Wilk)
Grievor
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General &
Correctional Services)
Employer
BEFORE: R J Roberts Vice-Chairperson
FOR THE M Bevan
GRIEVOR Grievance Officer
Ontario Public Service Employees Union
FOR THE M Mously
EMPLOYER Grievance Administration Officer
Ministry of the Solicitor General &
Correctional Services
HEARING September 26, 1995
.-'
@ Ministry of the
W Solicitor General Memorandum of Settlement
and Correctional
Ontario Services
IN THE MA TTER OF THE GRIEVANCE OF
Roman Wilk
Name
Fire Safehl Officer/Office of the Fire Marshall
ClassificationlWork Location
G S B FILE 1750/94 Date and Subject of Grievance October 4, 1994 - Dismissal
BETWEEN. ONTARIO PUBLIC SERVICE EMPLOYEES UNION
(The Union)
-A ND-
THE CROWN IN RIGHT OF ONTARIO
(Mmistry of the SolicItor General and Correctional Services) (The Ministry)
The parties agree to a full and final settlement of the above-noted grievance
without precedent and without prejudice to any future and/or similar matter on the following terms
1 Management at the Office of the Fire Marshall ('Management') agrees to conditionally reinstate
the gnevor without compensation from the date of discharge (September 3D, 1994) to the date of
remstatement. The grlevor shall be reinstated as a Fire Safety Officer 1 at the top level m the salary
scale at the London Office of the Fire Marshall. The period of time between discharge and
remstatement will be treated as a period of suspension "",ithout pay No relocahon costs will be
paid with respect to this reinstatement.
2. The grievor agrees to undergo a medical/health examination by a qualified physician of
Management's choice within fifteen (15) days of the signing of this Memorandum of Settlement
and agrees to provide a release of information to Management respecting the findings of this
medical/health exammation. The grievor agrees to co-operate and participate with any
reasonable treatment recommendahons that may follow from this exammation.
3 The date of reinstatement referred to in paragraph 1 shall be determined by Management but
shall be no later than fifteen (15) days after receipt of the medical information referred to m
paragraph 2.
4. The grievor agrees to conhnue with any treatment programmes he is currently participating in to
therr successful complehon. The grievor agrees to provide a release of informahon allowing
contact with the programme prOViders m order to monitor attendance and parhcipahon. The
gnevor further agrees to attend Alcoholics Anonymous or any other support programmes
recommended as part of Ius treatment and provide Management with proof of such attendance
when required
Memorandum of Settlement - Roman Wilk 1750/94 Page 2
5 I ollowmg satIsfactory completIon of a one (1) Yl'ar underhll perIod, Management shall place tIll'
grIevor m the posItion of FIre Safety Ofhcer 2 at the thtnt-Ievel m the salary scale ...&GLlt7e<.]ut:'nt
menHflert'ftse&--snall be-eaTned in-the usual "way-and shall be based on contInued satIsfactory
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6 ror three (3) years followmg reinstatement, the grievor's performance and attendance will be
revIewed at intervals of no greater than SIX (6) months For each of these review penods, the
grievor shall aclueve satisfactory performance evaluations and not exceed the average
absenteeism rate for the London Office of the Frre Marshall.
7 Notwithstandmg the prOVISIOns of paragraph 6, in the event that, at any hme in the first three (3)
years followmg remstatement, the gnevor consumes non-prescribed intoxicants during lus hours
of work or is found to have alcohol on his breath or is found to be under the mfluence of an
mtoxIcant or IS determmed to be neglectful in his duty, this shall result m his rmmediate dISmISsal.
8 Any contraventIon of any terms of this settlement shall result in the immediate dISmissal of the
grievor
9 The Union and the grievor agree to withdraw the above-noted grievance
10 The parties agree that tlus Memorandum of Settlement shall be made an order of the Gnevance
Settlement Board.
Dated thiS 26th day of September, 1995
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For the Gnevor (.!or the Union For the Ministry \
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