HomeMy WebLinkAbout2015-1908.Manna et al.18-04-19 DecisionCrown Employees Grievance Settlement
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Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB# 2015-1908
UNION# 2015-5112-0176
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Manna et al) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE
Reva Devins
Arbitrator
FOR THE UNION
Ed Holmes
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Susan Munn
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING April 9, 2018
-2-
DECISION
[1] The parties have agreed to proceed by expedited mediation/arbitration pursuant to
Article 22.16 of the Collective Agreement. Arbitration decisions issued in
accordance with Article 22.16 are without reasons and without prejudice or
precedent.
[2] The parties provided me with their submissions, including the facts, arguments and
authorities they relied upon. The Employer further agreed that, for the purposes of
this grievance only, they are not disputing that they violated the Collective
Agreement. Therefore, the sole issue before me was the question of what remedy
was appropriate with respect to that violation.
[3] Having considered the submissions of the parties, the evidence and case law
submitted to me, I have determined that the Employer should pay damages of
$350 to every Grievor who had an asterisk beside their name who was being
medically accommodated. For clarity, no damages are owed to individuals who did
not have an asterisk beside their name on any of the documents at issue or who
were not on an active accommodation plan for some period of time that
corresponds with the period when an asterisk was attached to their name.
[4] I will remain seized in the event that an issue arises with respect to the
interpretation, application or implementation of this decision.
Dated at Toronto, Ontario this 19th day of April, 2018.
“Reva Devins”
________________________
Reva Devins, Arbitrator