HomeMy WebLinkAbout2001-1379.Brydges.06-05-09 Decision
Crown Employees Commission de Nj
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# 2001-1379 2002-0001 2002-0001 2002-0001 2002-0001 2002-0179 2002-0179 2002-0332,
2002-0332,2002-1116 2002-2462,2002-2463 2002-2464 2002-2574 2002-2574
UNION# 01C979 02C242,02C244 02C245 02C243 2002-0128-0117 2002-0128-0023
2002-0128-0066 2002-0128-0067 02C892,2002-0128-0176 2002-0128-0175
2002-0128-0174 2003-0128-0004 2003-0128-0005
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Brydges) Union
- and -
The Crown m RIght of Ontano
(Mimstry ofCommumty Safety and CorrectIOnal ServIces) Employer
BEFORE FelIcIty D Bnggs Vice-Chair
FOR THE UNION Stephen GIles
Gnevance Officer
Ontano PublIc ServIce Employees Umon
FOR THE EMPLOYER Lucy Neal
Semor Staff RelatIOns Officer
Mimstry of Commumty Safety and
CorrectIOnal ServIces
HEARING May 4 2006
2
DeCISIon
On February 2, 2004, the partIes entered mto a Memorandum of Settlement
regardmg certam gnevances filed by Mr DavId Bndges, a CorrectIOnal Officer at
the Sarma JaIl It was agreed that I was to remam seIzed of any ImplementatIOn
dIfficultIes that mIght anse m thIS regard.
Paragraph 4 of the Memorandum stated the followmg
The Employer agrees to recogmze the permanent workplace accommodatIOn
that has been m place smce 1996 The Employer wIll schedule the gnevor m
accordance wIth hIS accommodatIon reqUIrements Furthermore, the
Employer agrees that COR6 4 IS not apphcable where the gnevor IS bemg
accommodated.
Subsequent to tlus Memorandum, Mr Bndges was absent from the workplace and
receIved Long Tenn DIsabIhty benefits Recently Ius physICian sent a report that
the gnevor IS able to return to work but IS to have "absolutely no mmate contact"
The Employer next sent a letter to the gnevor's physICian askmg a number of
questIOns whIch led the gnevor and the Umon to the conclusIOn that the Employer
IS attemptmg to estabhsh a new accommodatIOn SpecIfically It was the Umon's
concern that the Employer wIll CIrcumvent or vIOlate the Memorandum of
Settlement
After consIderatIOn of the facts and submIssIOns m thIS matter, I understand the
Umon's concerns The letter sent to the gnevor's physICian mIght lead one to tlunk
that the Employer IS attemptmg to alter the deal set out m the Memorandum of
Settlement sIgned m 2004 That would be mappropnate, and for that reason I am
of the VIew that the gnevor's physICian need not respond to the offendmg letter
3
The partIes have agreed to the terms of the accommodatIOn for thIS gnevor m
February of 2004 Those tenns cannot be umlaterally altered. However, I do
understand that the Employer mIght want clanficatIOn regardmg the physICian'S
statement regardmg mmate contact The Employer can wnte to Mr Bndges'
physIcIan and mqUIre as to the meanmg of "absolutely no mmate contact"
I remam seIzed m the event that there are further dIfficultIes once the response to
tlus mqUIry IS receIved.
Dated m Toronto thIS 9th day of May 2006
I
Felicity D Bn
VIce-Chair