HomeMy WebLinkAbout1999-1723.Union.00-02-04 Decision
o NTARW EMPU) YES DE LA COURONNE
CROW"! EMPLOYEES DE L '()NTARW
GRIEVANCE COMMISSION DE
-- SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 600 TORONTO ON M5G 128 TELEPHONElTELEPHONE, (416) 326-1388
180 RUE DUNDAS OUEST BUREAU 600 TORONTO (ON) M5G 128 FACSIMILElTELECOPIE. (416) 326-1396
GSB # 1723/99
OPSEU # 00U002
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(PolIc, Gnevance)
GIievor
- and -
The Crown m RIght of Ontano
(Mimstn of Health !Harmlton PSYChIatnc HOSpItal)
Employer
BEFORE RIchard Brown Vice Chair
FOR THE DaVId Wnght
GRIEVOR Counsel
R, der Wnght, Blair & Do, Ie
Bamsters & SolICItors
FOR THE DaVId Strang
EMPLOYER Counsel, Legal SerVIces Branch
Management Board Secretanat
HEARING Januan 24 2000
2
The partIes have agreed to the Issuance of a consent award, mcorporatmg the
terms of the settlement set out below.
MINUTES OF SETTLEMENT
The partIes agree to followmg terms and condItIOns as settlement of the
gnevances filed January 14, 2000 (Hamilton PsychIatnc HospItal) and
January 28, 2000 (Brockville PsychIatnc HospItal)
1 WIthm three weeks the employer will provIde the Umon wIth edIted
verSIOns of the agreements between the Crown and St. Joseph's HOSpItal and
Royal Ottawa Health Care Group wIth the followmg edItonal changes
(a) delete artIcle 4 02 from the Hamilton agreement;
(b) define semonty and servIce to each mean both semonty and
servIce wherever they appear m the agreements,
2 In settlement of those portIOns of the two gnevances relatmg to the
transfer of files pursuant to ArtIcle 20 of the Transfer Agreements, the
partIes agree
1) defimtIOn. "days" means Monday to Fnday excludmg statutory or
mstItutIOnal holIdays,
2) personnel files
a) wIthm 60 days of the sIgmng of thIS agreement
i) any employee who wIshes to do so will, wIthm the first
15 days after the sIgmng of thIS agreement gIve wntten
notIce to the Human Resources Department at the
psychIatnc hospItal of theIr desIre to VIew theIr personnel
file,
Ii) the employer shall arrange an appomtment to allow the
employee to reVIew the file wIth a human resources
3
representatIve and, If requested by the employee, a UnIon
representatIve,
ni) the employee shall IdentIfy any document they wIsh to
have removed from the file and such request shall be
dIscussed.
b) failmg resolutIOn of any Issue, the employee will have seven
days to delIver a wntten ObjectIOn and the employer shall
delIver a response wIthm 15 days
c) Failmg resolutIOn of the Issue at that stage, the matter will be
referred to a mediatIOn/arbItratIOn WhICh shall be conducted m
accordance wIth AppendIx 18, ArtIcle 42(f) to (k) The
mediator/arbItrator shall be RIchard Brown, provIded he IS
reasonably available and, If not, the process under 42(9) shall
be utilIzed.
3) WSIB files
a) all WSIB documents relatmg to employees m the possessIOn of
the employer shall be consolIdated m smgle employee WSIB
files WhICh shall remam the property and m posseSSIOn of the
MInIStry of Health and shall not be transferred.
4) EMPLOYEE HEALTH FILES
a) Any medIcal documents IdentIfied by an employee m theIr
personnel file shall be moved to theIr employee health file,
except WSIB documents, WhICh will be moved to the WSIB
file,
b) Employee health files shall remam m the custody of a regulated
health professIOnal (wIth responsibilIty for employee health)
employed by the MInIStry, who shall keep the file confidential,
subject only to the wntten consent of the relevant employee,
c) Employees have the nght to reVIew theIr employee health file
and request the removal or correctIOn of any document on the
4
file The employer will accept the decIsIOn of the regulated
health professIOnal wIth custody of the file on the employee's
request;
d) The only medIcal documents WhICh will be transferred will be
those documents m the employee health files, WhICh will only
be transferred to the custody of a regulated health professIOnal
wIth responsibilIty for employee health, employed by the
receIvmg employer
5) The partIes agree that m the event It becomes apparent that transfer
of governance wIll occur before thIS process can be completed,
eIther party may apply to the arbItrator for adjustment of the tIme
frames so as to permIt an orderly completIOn of the process pnor to
the transfer
3 The partIes agree that the edIted agreements WhICh comply wIth
paragraph 1 above meet the reqUIrements m AppendIx 18 for a transfer
agreement between the Crown and that HospItal save and except that the
partIes may bnng any dIsputes about the completeness and accuracy of
Schedule A to each agreement before VIce-Chair Brown.
4 That partIes agree that VIce-Chair Brown will remam seIzed wIth
respect to these gnevances and wIth respect to any future gnevances relatmg
to transfer agreements between the Crown and a publIc hospItal respectmg
the transfer of a pSYChiatrIC hospItal
5 The partIes agree to the GSB Issumg a consent order mcorporatmg the
terms of thIS Agreement.
Dated at Toronto thIS 4th day of February, 2000
If/Jt..--f"~-
RIchard Brown, VIce-Chair