HomeMy WebLinkAbout2003-3146.Sears.04-09-28 Decision
Crown Employees Commission de ~~
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
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GSB# 2003-3146
UNION# 2003-0219-0002
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Sears) Grievor
- and -
The Crown In RIght of Ontano
(Mimstry of FInance) Employer
BEFORE Bram HerlIch Vice-Chair
FOR THE UNION Stephen GIles
Gnevance Officer
Ontano PublIc ServIce Employees Umon
FOR THE EMPLOYER DIeter Hogaboam
Labour RelatIOns Consultant
Mimstry of FInance
HEARING September 22, 2004
2
DeCISIon
The gnevor In thIS case claims that the employer has faIled In ItS oblIgatIOn to
accommodate her dIsabIlIty
The employer whIle not necessanly dISputIng the eXIstence of a legItImate medIcally
supported dIsabIlIty dIsputes that ItS oblIgatIOn to accommodate If any extends as far as the
umon claims
The matter was dealt wIth through the MedIatIOn/ArbItratIOn Procedure contemplated by
ArtIcle 22 16 of the collectIve agreement.
The partIes agreed that, havIng heard theIr submIssIOns In that regard, I Issue an Intenm
rulIng and that, In the Interests of expedItIOn, I Issue my decIsIOn wIthout reasons Of course, as
contemplated by ArtIcle 22 16 7 of the collectIve agreement, thIS decIsIOn, beyond ItS ImmedIate
Impact on the partIes, has no precedentIal value
The employer IS hereby dIrected to conduct on OPS-wIde search to IdentIfy currently
vacant posItIOns potentIally sUItable to the gnevor's qualIficatIOns and expenence as well as any
such posItIOns whIch may become avaIlable between now and February 7 2005
The gnevor and the umon are to be advIsed of the results of the search.
ThIS search wIll be restncted to posItIOns WIthIn 40 kIlometres of Scotland, Ontano and
to posItIOns otherwIse wIthIn the restnctIOns set out by Dr Scholten In letters dated February 21
2003 and Apnl 3 2003
The heanng In thIS matter wIll contInue before me on February 7 and 8 2005
My Intenm order In thIS matter IS made wIthout preJudIce to any posItIOn eIther party
may take when the heanng In thIS matter reconvenes
3
Dated at Toronto thIS 28th day of September 2004
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. hi.m er ich, Ice-Chairperson