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HomeMy WebLinkAbout2001-0782.Elie.02-12-03 Order 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# 0782/01 0783/01 UNION# 01B259 01B260 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (ElI e) Grievor - and - The Crown In RIght of Ontano (Mimstry of CItIzenshIp) Employer BEFORE N DIssanayake Vice-Chair FOR THE UNION Mr GavIn Leeb Barnster and SOlICItor FOR THE EMPLOYER Mr F ateh SalIm Counsel Management Board Secretanat HEARING November 22,2002 2 ORDER The grievor had filed the two instant grlevances, which are scheduled to be heard by a differently constituted Board commenclng In January 2003 These matters came before me In the form 0 f requests for interim relief On the day of the hearing before me the parties engaged In discussions and entered into the following Memorandum of Settlement GSB FILE /0782/01, 0783/01 MEMORANDUM OF SE TTLEMENT BETWEEN OPSEU (the "Union") - and - Christina Elie (the "Grievor") - and - Ministry of Citizenship (the "Employer") WHEREAS THE Grievor has filed two grlevances GSB#'s 0792/01, 0783/01, 3 THEREFORE the Parties hereto, pending the disposition of this Grievance, agree to the following on an interim basis 1 The Employer agrees to place the Grievor on the payroll effective November 25, 2002 The Employer further agrees to asslgn the Grievor to her pre-lnJury position, on an interim basis effective December 2, 2002 It lS understood that the position will be accommodated and tailored for the Grievor In accordance with requirements set out In Dr James Rodgerson's letter dated January 22, 2001 For the duration of the settlement, the Grievor shall be paid at the maximum of OAG8 classification, which lS currently $20 29 and as of January 1, 2003 will be $20 99 2 The employer agrees that the Grievor's insured benefits plans (incl uding basic life, supplementary health and hospital and dental) will be reinstated effective November 25, 2002 3 The employer agrees that the Grievor will be reasonably accommodated to attend medical appointments as required 4 The parties agree that the Employer may arrange for the Grievor to attend a Current Functional Abilities Evaluation ("FAE") as soon as possible 4 The Employer shall pay all the fees associated with the assessment Copies of the FAE will be shared with the Union as soon as the report lS made available to the Employer The parties agree that the FAE will only be used for the purposes of accommodating the Grievor 5 The Employer confirms that there shall be no harassment or reprisals of the Grievor 6 The Employer shall pay the Grievor regular salary on Thursday December 5, 2002 7 It lS agreed that this settlement lS entered In to without admission of any wrongdoing and without prejudice to the position the respective parties may take during the grlevance hearing However, the Union shall not be precluded from calling evidence about the Grievor's work assignment In paragraph #l,subject to any objection of the Employer 8 This Settlement shall remaln effective until the disposition of the grlevances 9 Vice-Chair Dissanayake shall remaln seized until the hearing commences After that, Vice-Chair Bloch will remaln seized until the disposition of the Grievance 5 10 The parties agree that this Settlement be issued as an Order of the Board Dated this 22nd day of November, 2002 "Signed" "Signed" The Grievor The Union "Signed" The Employer In accordance with the agreement of the parties set out In paragraph 10 of the Memorandum of Settlement, its terms shall consti tute, and are hereby issued, as an order of this Board I remaln seized In accordance with paragraph 9 of the Memorandum of Settlement Dated this 3rj day of December, 2002, at Toronto, Ontario Nimal V Dissanayake ~' .':" .'_': ",n .:~~ .'~$' . ...<<..~~ "Vi~e'~ airperso~' .