HomeMy WebLinkAboutGowan 11-01-20
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In the Matter of the Mediation / Arbitration of the "L 0 \ Cl - 0 bG.%
Grievances of Judie Gowan
Between:
CML HealthCare Inc.
Imaging Division
(the "Employer")
-and~
Ontario Public Service Employees Union
(the "Union")
AWARD
January 20th, 2011
In accordance with section 50 of the Labour Relations Act, the parties appointed me to
mediate (and, if necessary, arbitrate) the Grievances of Ms. Judie Gowan (the "Grievor").
The Grievances are dated: March 29th, 2010, May 4th, 2010, May 11th, 2010, July 8th,
2010, September 8lh, 2010, September 20th, 2010 and October 14th, 2010 (the
"(3rievances").
I had opportunity to hear the representations of both parties and the position of the
Grievor. After hearing those representations and positions,. I make the following
directions:
1, The Grievances are hereby dismissed arid may not be refiled. In addition, the
subject matter of the Grievances may not form' part of any future grievance or
claim made by the Grievor or the Union.
2. The notice of discipline which was Issued to the Grievor on May 4lh, 2010 shall be
removed from the Grlevor's employment file.
3. Notwithstanding that the Grievor's hours of work may not entitle her to participate
In the Group Health and Welfare Insurance Plan (the "Plan") sponsored by the
Employer, she shall be entitled to participate in the Plan on the same terms and
conditions as part-time employees who are so entitled.
4. The Employer shall pay the Grievor $3,000, less the deductions required by law,
within 30 days of the date of this Award.
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5. Subject to its right provided by the Collective Agreement to schedule its
employees In accordance its business and operational needs, the Employer has
indicated that it has no present intention to reduce the Grievor's hours of work.
In addition, the Employer has agreed to attempt to schedule the Grievor to
perform work, which she has the skills, abilities and qualifications to perform,
during such days as the Nuclear Medicine Technician is off work due to vacation.
6. No other relief or remedies are directed.
7. I shall remain seized to deal with any differences respecting the interpretation,
applicatIon or administration of this Award.
f/ I L--'
William Kaplan,
Arbitrator