HomeMy WebLinkAbout2005-0074.Brown.09-03-11 Decision
Commission de
Crown Employees
Grievance Settlement
règlement des griefs
Board
des employés de la
Couronne
Suite 600 Bureau 600
180 Dundas St. West 180, rue Dundas Ouest
Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 Tél. : (416) 326-1388
Fax (416) 326-1396 Téléc. : (416) 326-1396
GSB#2005-0074, 2005-1975, 2005-2212, 2006-1811, 2006-1980
UNION#2005-0440-0012, 2005-0440-0151, 2005-0440-0156, 2006-0440-0018, 2006-0440-0027
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Brown)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Bram Herlich
FOR THE UNION
Peggy Smith
Barrister and Solicitor
FOR THE EMPLOYERJennifer Richards
Ministry of Government Services
Counsel
HEARINGMarch 5, 2009.
2
Decision
[1]A hearing in this matter was scheduled to deal with allegations that the terms of a prior
settlement between the parties had not been complied with.
[2]During the course of the hearing day, the parties executed the following addendum to the
prior Memorandum of Settlement:
GSB #2005-0074 etc.
ADDENDUM TO MEMORANDUM OF SETTLEMENT
between
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
(?the Union?)
and
THE CROWN IN RIGHT OF ONTARIO as represented by
The Ministry of Community Safety and Correctional Services
(?the Employer?)
and
Ms. Cheryl Brown
(?the Grievor?)
WHEREAS the Parties attended the GSB before Vice Chair Herlich on July 17, 2008.
WHEREAS the Parties signed a settlement on July 17, 2008 (?the settlement?) to fully and
finally resolve all of the Grievor?s outstanding grievances.
WHEREAS the Parties attended the GSB before Vice Chair Herlich on March 5, 2009 to
resolve the Grievor?s outstanding issues with respect to the implementation of the
settlement.
THEREFORE the parties agree to the following terms on a without prejudice or precedent
basis as an addendum to the settlement:
1.The Parties agree that, if and when the Grievor returns to work from unpaid leave,
she shall return to Brockville Jail. For clarity, the Parties agree that the six (6)
month trial period referenced in paragraph 3 and 4 of the settlement, has ended.
2.The Parties agree that as an addendum to paragraph 9 of the settlement, if and when
the Grievor returns to work from unpaid leave, she shall contact Steve Ormsby,
3
Deputy Superintendent, Operations if she has any concerns with respect to
compliance with the log book entry policy within her area of work when she is on
shift.
3.The Parties agree that as an amendment to paragraph 11 of the settlement, the
Employer shall redistribute the policy on accommodation related to disability to all
Ministry staff at the Brockville Jail. The Employer shall ensure that each officer
signs an acknowledgement that they have received and understood the distributed
policy. The Employer shall comply with the terms of this paragraph within ninety
(90) days of the signing of this settlement.
4.The Parties agree that the settlement remains in full force and effect, subject only to
the above-noted amendments.
5.The Parties agree that Vice Chair Herlich shall remain seized with the
implementation or interpretation of this addendum.
Signed in Kingston, Ontario on March 5, 2009.
__________________________ ___________________________
For the Union For the Employer (James Empey)
__________________________
The Grievor
[3]The parties are hereby directed to comply with the terms of this addendum as well as
those of the settlement dated July 17, 2008.
th
Dated at Toronto this 11 day of March 2009.
Bram Herlich, Vice-Chair