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HomeMy WebLinkAbout2004-2677.Gilbert.06-12-19 Decision Crown Employees Grievance Settlement Board Suite 600 180 Dundas Sl. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de reglement des griefs des employes de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tel. : (416) 326-1388 Telec. : (416) 326-1396 IN THE MATTER OF AN ARBITRATION Under Nj ~ Ontario GSB# 2004-2677 UNION# 2004-0248-0171 THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT BETWEEN BEFORE FOR THE UNION FOR THE EMPLOYER HEARING Before THE GRIEVANCE SETTLEMENT BOARD Ontario Public Service Employees Union (Gilbert) - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Barry Stephens Scott Andrews Grievance Officer Ontario Public Service Employees Union Mary-Jo Knappett Staff Relations Officer Ministry of Community Safety and Correctional Services May 24, 2006. Union Employer Vice-Chair 2 Decision INTRODUCTION The parties have agreed to a Med-Arb Protocol, signed February 27, 2006. It is not necessary to reproduce the entire Protocol here. Suffice it to say that, as part of the Protocol, the parties have agreed to a "True Mediation-Arbitration" process, wherein each provides the vice-chair with submissions, which include the facts and authorities each relies upon. The process adopted by the parties provides for a canvassing of the facts during the mediation phase under the Protocol. Arbitration decisions are issued in accordance with Article 22.16 of the collective agreement, without reasons, and are without prejudice or precedent. The parties were unable to resolve this matter in mediation. Accordingly, the matter has been referred to me as a True Mediation/Arbitration decision under the Protocol. At the beginning of the session on May 24, 2006, it was determined that the union had not provided the employer with full or appropriate Appendix B' s, as required under the Protocol, and as a result, the employer had been unable to prepare appropriate Appendix C's. I met with the representatives of the parties, and it was agreed the three-day mediation session would proceed. In order to assist the parties, I advised that the union would be expected to prepare appropriate Appendix B's prior to the discussion of any specific case. This they did, and, in the process, numerous grievances were withdrawn by the union. The employer then reviewed each grievance, and mediation was attempted. There were a number of grievances referred to arbitration, and the employer was provided with a full opportunity to submit formal Appendix C's after the session. 3 FACTS The grievance arises from an incident on May 15, 2004 when the grievor was questioned about the work restrictions he was working under. He alleges that confidential information was improperly shared with other employees and that the employer unilaterally amended his accommodation plan. The employer responds there is no evidence that the grievor's medical information was shared with another employee, and it states that it, "... retains the right to review, clarify as required and update workplace accommodations when necessary according to OPS policies and procedures." DECISION I find that the employer does not have the right to change the grievor's accommodation unless such changes are consistent with medical evidence. In general, it is also appropriate that any changes should first be discussed and reviewed with the affected employee. To this extent, the grievance is upheld. Given that the grievance dates from May 2004, no remedy is required beyond a declaration. Dated at Toronto, this 19th day of December, 2006.