HomeMy WebLinkAbout2009-0056.Delorme.10-03-16 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
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GSB#2009-0056, 2009-0057, 2009-0058, 2009-0059, 2009-0060, 2009-0626, 2009-2187,
2009-2188, 2009-2189
UNION#2009-0499-0024, 2008-0499-0124, 2008-0499-0123, 2009-0499-0006,
2008-0499-0125, 2009-0499-0023, 2009-0499-0035, 2009-0499-0038, 2009-0499-0042
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Delorme)
Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario)
Employer
BEFOREGerry Lee Vice-Chair
FOR THE UNIONJean Chaykowsky
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYERPamela LeMaistre
Liquor Control Board of Ontario
Human Resources Manager
HEARINGJanuary 4 & 5, 2010.
- 2 -
Decision
[1]The Parties referred the above captioned grievances to mediation/arbitration in
accordance with Article 22.11 and Appendix 2 of the Collective Agreement. This
arbitration decision is with respect to a number of grievances filed by Mr. Gerry Delorme
regarding several Health & Safety/non-disciplinary letters of counsel and miscellaneous
other matters.
[2] A tentative Memorandum of Settlement was reached on January 4, 2010, between the
Parties and the Grievor regarding all of the Grievor?s grievances after a considerable
period of time was spent discussing various settlement options. The settlement document
was agreed to by the Parties and the Grievor, however due to a clerical error regarding
the appropriate grievance numbers a redraft was undertaken. Unfortunately, the Grievor
had to leave the mediation-arbitration session prior to the document being corrected as it
was late in the day. Nevertheless, the Grievor assured the parties that he would sign the
document the next morning. When the Grievor arrived the next day, he announced that
he would not sign the Memorandum of Settlement and offered no reason whatsoever for
this change in mind.
[3] Following consultations with the Employer and Union representatives, and after taking
into consideration the time spent by the Parties in reaching the tentative settlement, I have
decided that it is appropriate to make the settlement an order of the Board as per the oral
agreement reached between the Grievor and the Parties on January 4, 2010. Accordingly,
the disposition of all of the above captioned grievances is as follows:
[a] The Grievor?s vacation bank balance shall be adjusted to reflect an additional 7.5
hours;
[b] The current requirement for the Grievor to supply mandatory medical notes when
off sick is rescinded. Notwithstanding the foregoing, the Employer reserves the
right to require medical certificates as per article 12.4 of the collective agreement;
and
[c] The Employer confirms that any non-disciplinary letters of Counsel issued to the
grievor are not kept in the Grievor?s Corporate/Regional file.
âà
4This award resolves any and all issues that were raised or could have been raised with
respect to the above-captioned grievances filed by Mr. Delorme.
- 3 -
[5] I remain seized with respect to the implementation of this award.
th
Dated at Toronto this 16 day of March 2010.
Gerry Lee, Vice-Chair