HomeMy WebLinkAbout1998-0983.Taylor.98-11-20 Decision
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ONTARIO EMPLOYES DE LA COURONNE
CROWN EMPLOYEES DE L'ONTARIO
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, 1111 GRIEVANCE COMMISSION DE
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 600, TORONTO ON M5G 1Z8 TELEPHONE/TELEPHONE (416) 326-1388
180, RUE DUNDAS OUEST BUREAU 600, TORONTO (ON) M5G 1Z8 FACSIMILE/TELECOPIE (416) 326-139tS
GSB # 0983/98
CUPE 1484, # 98-09
. IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
CanadIan Druon ofPubhc Employees Local 1484
(Darryl Taylor)
Grievor
- and -
The Crown m Right of Ontano
(porcupme Area Ambulance SefVlce)
Employer
BEFORE Barry B Fisher Vice-Chair
FOR THE Ralph Carnovale
GRIEVOR NatIOnal RepresentatIve
CanadIan Druon ofPubhc Employees
FOR THE James Henderson
EMPLOYER Counsel
Keyser Mason Ball
Bamsters & SoliCItors
HEARING November 11, 1998
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Through the med-arb process the partIes reached the followmg agreement, whIch
IS hereby made mto an order of the Gnevance Settlement Board.
1 The GrIevor's employment IS remstated effectIve November 11, 1998 WIth no loss of
semorIty but no compensatIOn.
2 The Gnevor agrees to recertIfy for the Symptom RelIef and SAED and to obtam that
recertIficatIOn by December 31 1998
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.., The Gnevor agrees to be aVailable for work from December 1,1998 untIl Apnl
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30,1999 as follows
a) the Gnevor agrees to be able to work two consecutIve ShIfts per calendar
month commencmg December 1, 1998 as long as those ShIftS begm no
earlIer than 7 00 a.m. Thursday and end no later than 7 00 p,m Sunday,
b) the Employer agrees to prOVIde the GrIevor WIth no less than 21 calendar
days' notIce of the shIfts that he IS to work. NotIce shall be proVIded to the
Gnevor by fax at (416) 585 2751, or any other number whIch the Gnevor
may SubstItute All notIficatIOn under thIS A ward to the Emplover shall be
made m wntmg and WIll be faxed to (705) 268 6401
c) UntIl Apnl 30,1999 the Employer IS not oblIgated to offer any ShIftS to the
Gnevor, however If the Employer offers ShIftS to the Gnevor whIch the
Gnevor accepts, and then the Employer cancels those ShIftS, the Gnevor
shall be paid as If he worked the ShIft.
4 ThIS arrangement shall remam m effect up to and mcludmg Apn130, 1999
5 The Gnevor may do a ShIft exchange WIth another employee If, and only If
a) It IS at no addItIOnal cost to the Employer;
b) the Gnevor proVIdes the Employer WIth 2 weeks' wntten notIce of the
details of the proposed SubstItutIOn,
c) the Employer approves the SubstItutIOn, whIch approval shall not be
unreasonably WIthheld,
d) any Issue as to the unreasonableness of the consent shall be determmed by
Barry B FIsher m an expedIted process pnor to the proposed date for
SubstItutIOn.
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6 The partIes agree that should the Gnevor fall to report to work on hIS scheduled shIft,
WIthout provId1Og a reasonable explanatIOn satIsfactory to the Employer he shall be
deemed to have resIgned hIS employment.
7 In the event that a dIspute anses WIth respect to the reasonableness of the explanatIOn,
the matter shall be referred to Mr Fisher, who shall only be seIzed to determ10e
whether or not the explanatIOn was reasonable. The partIes agree that Mr FIsher does
not have the nght to amend or modIfy the "deemed reSIgnatIOn" proVISIOn 10 the
aforementIOned paragraph.
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Dated thIS 1-3tlf d of November 1998 at Toronto
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