HomeMy WebLinkAboutCook 01-02-07
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. .ELIOT....s}fITH
~003
02;:12/01 MON 16; 43 FAX 6135487624
IN THE MA TIER OF AN ARBITRATION
BETWEEN
KINGSTON GENERAL HOSPITAL
-'and-
OPSEU, LOCAL 444
AND IN THE MATTER OF THE GRIEVANCE OF Susan Cook
Kevin Whita.ker. Sole Arbitrator
Appearances for the UniOI1
Kristin A. Eliot~ Counsel
Ted Loughead. Union Representative
Elisa Kelly, Steward
Appearances for the Employer
Glenn P. Christie, Counsel
Bill Hunter, Employer Represel1tative
David Piper, Clinical Laboratory Services AdhUnistrative Director
Dave More, Pathology Services Manager
Hearings were held on November 23, 2000 ahd January 31, 2001 in Kingston.
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02/12/01 UON 16:43 FAX 6135487624
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JJ..IOT, SMITH
!lI004
A ward
Having heard the represeotatiQns of the parties and in view of the Memorandum of
Agreement dated January 31, 2001) I award as follows:
Whereas the Employee and the Union have filed grievances 99-03-15 and 01-01-02
1. The Hospital will dissolve the accommodation agreement signed by the parties on
1999 March 08.
2. Mamie Ma,tin, the employee who occupied half of the 1999 March 08 agreement
will remain as a parHime Laboratory Assistant in the part-time pool and will be
assigned shifts in accordance with the OPSEU 444 collective agreement. It is
recognized by the parties that the March 8, 1999 agreement is dissolved due to a
change in Ms. Cooke)s medical restrictions and that as the former incumbent in the
position. Ms. Cooke has the right to the position over Ms. Martin.
3. The employee will be assigned four days of work a week as a Laboratory Assistant
:- Technician 3 Step 5 on the wage grid (currenlly $20.24/hour) in Pathology
Services within her current medical restrictions effective the date of signing this
agreement. This assignment ~hall not be the subject of a grievance, however the
parties agree that all issues covered by this agreement, including the issue of the
employee's status, will be reviewed by the parties upon provision of new medical
evidence by the employee, and any issues arising from any such new medical
evidence may be subject to griev(U1ce.
4. a) The employee is being accorrimodated in a full-time position on a 4 day per week
basis. She shall be treated as, a part..time employee for accumulation of service,
and for the purposes of Article 20_05 and Article 1.02, and for any other purpose
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under the Collective Agreement, save for' the specific, exceptions as set out below:
02/12101
~ION 16: 44 FAX 6135487624
_ _ ~LIOT,SMITH
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b) The employee shall continue to accumulate seniority as a full-time employee and
her seniority date shall be adjusted in order to reflect no break in full-time seniority
since 1998.
c) For the purpose oflay offand recall, the employee shaH be treated as a full-time
employee. It is recognized that her status as an accommodated employee does not
shield the employee from the operation of the layoff and bumping provisions. It is
further recogn11:ed that the lay-off, bumping and recall processes must be exercised
in compliance with the Ontario Human Rights Co@.
d) In the cases of job posting, the employee shall be treated as full-time and must be
able to perfonn the hours of work and shift requirements of the position, in
addition to any other requirements,
e) The employee shall continue to be a member of the pension plan referred to in
Article 20,03.
5_ The Hospital wUl compensate the employee $2066.00 for damages. This payment
will be made within 14 days of this agreement.
6. The Union and the employee agree to withdraw the above-noted grievances.
7 _ This agreement constitutes full and final settlement of any issues related to the
above-noted grievances.
8. This agreemcnt is made on a without precedent and without prejudice basis and
may be relied upon by the panies onJy to the extent necessary to enforce the terms
of the agreement itself.
02/12/01 MON 16:44 FAX 6135487624
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ELIOT, SMITH
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9. The parties agree that Arbitrator Kevin Whitaker shall remain seized with respect
to any disputes arising out of the administration or interpretation oftrus agreement.
10. The Union agrees to advise Mami Martin that any grievance as a result of this
agreement would lack merit and would recommend that it not proceed. The
parties agree that should any grievance from Ms. Martin proceed nonetheless, it
shall be referred to Arbitrator Whitaker pursuant to par. 9 of this Agreement.
11. The employee's assignment under par. 3 of this agreement shall commence the
week of February 5, 2001.
12. The parties agree that this shall be issued as an Award by Arbitrator Whitaker.
Dated 8t Toronto this 7th Day ofFebl1lary, 2001.
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