HomeMy WebLinkAbout2008-3753.Louis.10-01-29 Decision
Commission de
Crown Employees
Grievance
règlement des griefs
Settlement 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#2008-3753
UNION#2008-0502-0019
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Louis)
Union
- and -
The Crown in Right of Ontario
(Ministry of Transportation)
Employer
BEFOREVice-Chair
Daniel Harris
FOR THE UNION
Mark Barclay
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER
Kevin Wilson
Ministry of Transportation
Employee Relations Adviser
HEARING
January 29, 2010.
- 2 -
Decision
[1]This matter came on for mediation/arbitration on January 29, 2010. Having heard the
submissions of the parties, the Board orders as follows:
1.The parties shall place the Grievor in the corporate health reassignment process
in accordance with the Collective Agreement, related OPS policies, programs
and directives.
2.Recognizing the search for a permanent assignment may take some time, in the
interim the Employer shall conduct a search to place the Grievor in a 5 month /
29 days temporary assignment by March 5, 2010 that is a reasonable
accommodation which meets the Grievor?s restrictions as indicated in the
medical note from Dr. Amir Barsoum dated January 8, 2010.
3.For clarity, the Grievor shall not have the option to refuse the permanent or
temporary assignment mentioned above, provided the assignments are made in
accordance with paragraphs 1 and 2 above.
4.If the Employer has not found and placed the Grievor in either the permanent or
temporary assignment by March 5, 2010, the Grievor will be placed on a leave
of absence with full pay at her current salary commencing March 8, 2010 until
she is placed in the permanent or temporary assignment, or May 1, 2010,
whichever comes first.
5.This order is made pursuant to a mediation/arbitration and is without precedence
pursuant to Article 22.16.7.
- 3 -
6.I remain seized and the parties may request a teleconference with the GSB as
necessary to deal with implementation.
th
Dated at Toronto this 29 day of January 2010.
Daniel Harris, Vice-Chair