HomeMy WebLinkAbout2000-1232.Pagetto.03-07-04 Decision
Crown Employees Commission de ~~
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
~-,...
Suite 600 Bureau 600 Ontario
180 Dundas Sl. West 180 rue Dundas Ouest
Toronto Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 Tel. (416) 326-1388
Fax (416) 326-1396 Telec. (416) 326-1396
GSB# 1232/00
UNION# 00E898
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Pagetto) Grievor
- and -
The Crown In RIght of Ontano
(Mimstry of PublIc Safety and Secunty) Employer
BEFORE Damel Hams Vice-Chair
FOR THE UNION Mr Ed Holmes
Ryder Wnght Blair & Doyle
Bamsters and SOlICItorS
FOR THE EMPLOYER Mr Greg GledhIll
Staff RelatIOns Officer
Mimstry of PublIc Safety and Secunty
TELEPHONE July 2, 2003
CONFERENCE CALL
2
ORDER
ThIS Order IS made pursuant to Minutes of Settlement dated November 13 2000 The partIes
agreed that I remaIn seIsed. The Umon says that the Employer IS In breach of the folloWIng
paragraph
1 The Employer agrees to accommodate the Gnevor b, asslgmng hIm to the A + D
ShIft schedule performmg the dutIes of the ShIft, subject to hIS medIcal restnctIOns
However workmg onh the da, ShIft for a penod of not less than 12 months, It bemg
understood that the proper accommodatIOn of the Gnevor s dlsabihn IS a contmuous
obhgatIOn of the partIes and the Gnevor
The Umon was Instructed by the Gnevor late last year that he belIeved the Employer was In
breach of the agreement. It IS agreed that the Umon set out ItS concerns to the Employer In
correspondence dated March 19 March 24 and Apnl 22, 2003 That correspondence went
unanswered.
By correspondence to the Board dated May 15 2003 the Umon requested a heanng. On
June 13 2002 the Board scheduled a heanng for July 9 2003 The Employer now seeks an
adJ ournment of that heanng date Apparently there are no lawyers avaIlable to represent the
Mimstry and the most knowledgeable management advIsor IS on vacatIOn.
The Umon resIsts the Employer's request for an adJournment because the Gnevor IS
scheduled for surgery soon and needs hIS work assIgnment clanfied.
3
HavIng heard the submIssIOns of the partIes, I hereby order that the heanng of July 9 IS
adJourned on the folloWIng terms
1 ) The gnevor IS forthWIth to be assIgned to the A + D ShIft schedule
2) The gnevor IS to perform the dutIes of the A + D ShIft, subJect to hIS medIcal
restnctIOns, If any
3 ) These terms are to be adhered to untIl vaned or vacated by me or the partIes agree
otherwIse
2003