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HomeMy WebLinkAboutPHILLIPS-1996-13-05 KATHLEEN G. O'NEIL Arbitrator 78 Olive Avenue Toronto, Ontario M6G 1V1 rffr fi:~: "'1ITW"! II . ~ ~ '-' J, . .:! I . . " I, . !"; 1 ". ~ _ Q~:, ~ i Ii! JU~, v 1996 II UDI 1\::7L.:::;U U w ' (416) 537-4732 (phone/fax) (416) 326-7501 (at OLRB) May 13, 1996 Mr. Steve Wilson Mathews, Dinsdale & Clarke Barristers and Solicitors 2500-1 Queen Street East Toronto, Ontario M5C 2Z1 and Ms. Susan Ursel UrseI & Wilkey Barristers and Solicitors Box 159 1136-20 Dundas Street West Toronto, Ontario M5G 2C2 Dear Mr. Wilson and Ms. Ursel: {O)&@&Or1&1n/ ill MAY 151996 ~ ------- -----....._-- ---- RE: Baycrest Centre for Geriatric Care and AAHPO Discipline Grievance of Diane Phillips Enclosed please find the award herein. Yours very truly, KArz~ Ar~i;;~r KGO:vy Enclosures cc: Wallace M. Kenny cc: Sandra Nicholson IN THE MATTER OF AN ARBITRATION BETWEEN: The Association of Allied Health Professionals: Ontario (the union) AND The Baycrest Centre for Geriatric Care (the employer) AND IN THE MATTER OF THE GRIEVANCE OF DIANE PHILLIPS Board of Arbitration: Kathleen G. O'Neil, Chair Wallace M. Kenny, Employer Nominee Sandra Nicholson, Union Nominee Appearances: For the Union Susan Ursel, Counsel Lynn Keays, Labour Relations Officer, AAHP:O Diane Phillips, Grievor, Senior Social Worker, Baycrest Centre Lesley Patterson, Bargaining Unit President, AAHP:O John Phillips For the Employer Steve Wilson, Counsel Alan Levy, Director, Employee Relations Joyce Lagunoff, Director, Day Care Service Rosalee Berlin, Nursing Supervisor - Special Day Care Rivie Seaberg - Vice President.. Nursing A Hearing was held on April 29, 1996 in Toronto, Ontario. AWARD This Board of Arbitration was constituted to deal with a discipline grievance filed on behalf of Diane Phillips. On the day of hearing, counsel and both parties worked throughout the day to settle their differences themselves. They were ultimately successful in negotiating a Memorandum of Agreement settling the matter. The Board wishes to commend the parties on coming to an agreement on a process in which they will have ownership, to resolve their differences in a non-adversarial way. Litigation is sometimes necessary. However, if it can be avoided, particularly in a professional work setting, the parties avoid what can be the lasting negative effects of an adversarial hearing in which colleagues may testify "against" each other, sometimes impugning each others' credibility, and which is followed by an award publically setting out the facts and conclusions in the matter. The mediation model that the parties have chosen has the potential to be much healthier for the parties' ongoing relationship as they continue to provide their important services to patients and clients. Having regard to the Memorandum of Agreement between the parties and filed with this Board of Arbitration, we hereby incorporate its terms as an order of the Board. The Memorandum of Agreement reads as follows: Memorandum of Agreement BETWEEN: The Baycrest Centre for Geriatric Care (the employer) AND The Association of Allied Health Professionals: Ontario (the union) AND Diane Phillips 1 The following represents full and final settlement of all matters related to the grievances of Diane Phillips dated September 8, 1995 for written warning and dated September 1, 1995 for harassment. This Memorandum of Agreement is entered into without admission of fault or liability on the part of either party and is entered into on a without precedent basis. The terms shall be. incorporated as an order of the Board. 1. (a) The Parties agree to mediation with Rivie Seaberg, Joyce Lagunoff, Diane Phillips and Rosalee Berlin. The cost of the mediation will be shared by the employer and the union. (b) Each of the above noted participants will bring her concerns with any supporting documentation to the mediator. (c) The issues before the mediator include: (i) Maintaining collegial working relationships among the members of the multi-disciplinary team. (Diane Phillips and Rosalee Berlin). (ii) Autonomous nursing and social work practices. (iii) Issues which relate to the grievance of September 1, 1995. (d) Lesley Patterson, Lynn Keays, and Alan Levy may attend and participate in the mediation. (e) The mediator will be mutually agreed upon. (f) The discussions during mediation will be without prejud~ce. However, the parties may rely on the fact that they have participated in mediation with regard to the maintenance of a collegial working relationship and autonomous nursing and social work practices and with respect to issues related to the grievance of September 1, 1995. 2. The letter of warning dated September 6, 1995 will be withdrawn and will not be relied on by the employer in any other disciplinary matter. 3. The February 24, 1995 letter of counsel will not be relied on by the employer in any other disciplinary matter. 2 4. The union and Diane Phillips will withdraw the above-noted grievances and agree not to rely on the subject matter thereof in any other matter. 5. The parties recognize the importance of each member of the Special Day Care Program working as a team member. 6. The parties will agree to a mediator by May 10, 1996. 7. The parties will meet as soon as practicable thereafter and the mediator will be available to facilitate discussion on any related matters within a period of three (3) months from his or her appointment. The Board of Arbitration will remain seized for the purpose of appointing a mediator if the parties are unable to reach an agreement on a mediator by May 10, 1996. The memorandum is dated April 29, 1996 and is signed by the grievor, as well as by Lynn Keays, Joyce Lagunoff, Rivie Seaberg, Rosalee Berlin and Alan Levy. The Board will remain seized for the purposes of appointing a mediator if the parties are unable to reach agreement on a mediator by May 10, 1996. Dated at Toronto this 13th day of May, 1996. oed Kathleen G. O'Neil Chair 'l.l Ml\o..u M.ILe< Vv~ \1 Wallace M. Kenny Employer Nominee \\ ~C~ NLC-l1s,'V\ I, Sandra Nicholson Union Nominee 3