HomeMy WebLinkAboutShaw 01-10-23
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IN THE MATTER OF AN ARBITRATION:
aETWEEN:
FAMILY AND CHILDREN'S SERVICES
OF WATERLOO REGION
(" the Hospital")
AND
ONTARIO PUBLIC SERVICE EMPLOYEES'
UNION, LOCAL 258
("the Unionll)
AND IN THE MA TIER UF THE GlUEY ANCES OF DEBORAH SHAW
Louisa M. Da'~ie
Sole ArlJHra(or
APPEARANCES
Mitch nevan
Gt'ievance Officer
Paul Y ouug
Counsel for the Employer
The ll1edill.liun/arbltration proceeding in this matter \-vas held in Kilchener on ()r:lnhr>r ')') 'N)(\ J
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Award
This arbitration deals with the grievances of Deborah Shaw (hereafter lIthc
Grie.vorlt) Bled May 1, 2001 and luhe 13, 200 I. The Grievor aSElerts that during the eoun~c of her
employment with Family arid Children's Services of Waterloo Region (hereafter lIthe Employertl)
she has been unjustly disciplined ill contravention of the collective agreement between the
Employer and the Ontario Public Service Employees' Union (hereafter flthe Union"),
This matter was heard in Kitchener on October 22, 2001.
Given tho nature of [he: JIlSlJeS raised, the panies agreed to employ a
mediation/arbitration process. During the course of mediation, I met with the patties. Each
party made submissions regarding their respective positions. Reference was also made to some of
the evidence upon which each party intended to rely, together with the legal positions which each
side considered applicable, Throughout, the parties expressed a mutual willingness to resolve the
issues without thA n~p.d to spend many hearing days in lengthy, cO:.fdy, time Gonsumiug ltwJ
potentiaJly acrimonious litigation, Ultimately, the parties entered into Minutes of Settlement,
which they requested be incorporated into a consent award. Pursuant to the terms of the Minutes
of Settlement entered into by the parties, and filed before me. I hereby order and direct as foHows:
1. The Grievor and the Union withdraw the grievatJ.ce dated June 13, 200}
relnting to the June 13, 2001 ten (10) day suspension.
2. The Bmployer shall reissue to the Grievor the letter of suspension dated April 23,
2001 after it has amended the period of suspension .from five (5) days to two (2)
days.
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3. The Employer shall pay to the Grievor an amount equal to five (5) shifts for the
five (5) shifts she was suspended for, namely Apd123, 26, '27, 29 and 30, 2001,
le~a: the applicable statutory dcductio0'3.
4_ The grievance dated May 1,200] regarding the five (5) day suspension is
withdrawn.
I further note the agreement of the parties that they entered into the Minutes of
Settlement filed on a without 'pr~iudice and without precedent nfH~ill
Dated at Missjss~uga, this 23rd day of October, 2no 1.