HomeMy WebLinkAboutLapointe 18-02-010
IN THE MATTER OF AN ARBITRATION BEING HELD ON February 1, 2018
BETWEEN
ST. JOSEPH'S CONTINUING CARE CENTRE FOR THE HOTEL DIEU SITE
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ONTARIO PUBLIC SERVICE EMPLOYEES UNION - LOCAL 469
-AND-
TANYA LAPOINTE
OPSEU File #2016-0469-0006
Before Arbitrator F. BRIGGS
APPEARANCES FOR THE UNION
Jessica Greenwood
Grievance Officer for OPSEU
824 John Counter Blvd.
Kingston, ON K7K 2R1
Telephone: 1(844) 766-1414 ext. 6422
Email: jgreenwood@opseu.org
Tanya Lapointe
Local 469 President & Grievor
Angelique Marion
Local 469 1st Vice President
(the "Employer")
(the "Union")
(the "Grievor")
In the Matter of an Arbitration
Between
St. Joseph's Continuing Care Centre
(Hereinafter referred to as "the Employer")
And
Ontario Public Service Employees Union — Local 469
(Hereinafter referred to as "the union")
Regarding:
Sole Arbitrator:
For the Society:
For the Union:
Grievance of Tanya Lapointe
Felicity D. Briggs
Scott Maclnnes, Consultant
Jessica Greenwood, Counsel
The parties invited me to hear and determine a grievance filed by Ms. Tanya Lapointe who
alleged that the Employer violated various provisions of the Collective Agreement when it failed
to award her a posted position to which she had applied.
The parties agreed to an expedited process wherein facts, documents and submissions were
provided. It was agreed that a "bottom line" decision would suffice in this matter. Accordingly,
after hearing and considering the facts and submissions I award the following:
I. The Employer will pay the Grievor a lump sum of $7,500 less statutory
deductions.
2. The Employer will place the Grievor in the rotation currently filled by Linda
Tessier. Linda Tessier will move to the rotation currently filled by Tonya Jodoin.
Tonya Jodoin will move to the temporary full-time position covering Rachel
Earner's absence.
3. The above arrangements will be effective February 11, 2018.
4. At the time that the Grievor is placed into the position, the Employer will place
227 hours in the Grievor's vacation bank and 135 hours in the Grievor's paid
holiday bank.
5. The Employer shall adjust the Grievor's seniority and service as it existed on
February 1, 2018,
6. 1 remain seized of implementation issues.
Dated in Cornwall this 1St day of February, 2018.
S
Felicity D. Briggs
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