HomeMy WebLinkAboutDe Freitas 17-07-04IN THE MATTER OF AN ARBITRATION AWARD
BETWEEN:
UNIVERSITY HEALTH NETWORK
(The "Employer")
OPSEU,
LOCAL S71
(The "Union")
AND in the matter of two individual grievances
ARBITRATOR: William A. Marcotte
APPEARANCES:
FOR THE EMPLOYER: T. Agnew, counsel
V. Trotman, dir., L.R.
and others
FOR THE UNION: A. Mathew, counsel
J. Healy, pres., Loc. 571
P. Myers, OPSEU staff rep.
L. Furgiuele, grievor
K. De Freitas, gri.evor
and others
Hearing held in Toronto on June 29, 2017.
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I was appointed by the parties under their collective agreement (the
"Collective Agreement") to hear a grievance filed by Ms. Kim De Freitas on
March 2, 2017 (the "De Freitas Grievance") and a grievance filed by Ms.
Lina Furgiuele on May 24, 2017 (the "Furgiuele Grievance").
2. The parties met on June 29, 2017 and agreed to participate in
mediation/ arbitration under section 50 of the Labour Relations Act.
3. The De Freitas Grievance alleges breaches of the Collective Agreement,
Employer policies, and, the Ontario Human Rights Code. The Furgiuele
Grievance alleges breaches of the Collective Agreement related to her job
transfer_
4. Ms. De Freitas is a full-time Pharmacy Technician who currently works at
the Employer's Toronto Western Hospital site. Ms. Furgiuele is a part-
time Pharmacy Technician who was working at the Employer's Toronto
Western Hospital site until May 2, 2017 when she was transferred to the
Employer's Toronto General Hospital site.
5. It is fair to say that both grievances arise out of a long-standing,
interpersonal conflict between Ms. De Freitas and Ms. Furgiuele that
dates back to at least 2015. The Employer has made several attempts to
address the issues between the gri.evors with little success.
b. As the interpersonal conflict between the two grievors continued into
2017, the Employer decided to temporarily transfer Ms. Furgiuele to the
Toronto General Hospital site, effective May 2, 2017, to provide an
opportunity for a long term, sustainable solution.
7. Having heard the representations of the parties, I have determined that
there have been no breaches of the Collective Agreement, Employer
policies, or, any applicable legislation. Therefore, I order that both
grievances are dismissed. In addition, I order the following:
(a) Effective the date of this Award, Ms. F urgiuele's transfer to the
Toronto General Hospital site will be considered indefinite and no
longer temporary.
(b) For a period of five years from the date of this award, Ms. Furgiuele
will not be considered for any positions at the Toronto Western
Hospital site as long as Ms. De Freitas remains employed there.
University Health Network & OPSEU, Local. 571 July 2017
(c) For a period of five years from the date of this award, Ms. De
Freitas will not be considered for any positions at the Toronto
General Hospital site as long as Ms. Furgiuele remains employed
there.
(d) The intent of this Award is to keep Ms. De Freitas and Ms.
Furgiuele working at different sites. However, nothing in this Award
prevents the Employer from making staffing changes in the future
that would otherwise be permitted by the Collective Agreement, as
long as those decisions do not result in Ms. De Freitas and Ms.
Furgiuele working at the same site.
S. Nothing in this Award prevents the Employer from making transfers that
would otherwise be permitted by the Collective Agreement, subject to the
Union's right to challenge alleged violations through the grievance
process.
Dated at Toronto, this 41h day of July, 2017.
William A. Marcotte
Arbitrator
University Health Network & OPSEU, Local 571 July 2017