HomeMy WebLinkAboutCrew/Preedy/Duvall 10-12-13
IN THE MATTER OF THREE EXPEDITED ARBITRATIONS
Bet wee n:
CENTRAL WEST SPECIALIZED DEVELOPMENTAL SERVICES
- and -
, ONTARIO PUBLIC SERVICE EMPLOYEES UNION,
LOCAL 249
(the "Employer")
(the "Union")
and in the matter of grievances of Penny Preedy, Lorraine Crew and Susan Duvall.
Russell Goodfellow - Sole Arbitrator
APPEARANCES FOR THE EMPLOYER:
Daniel Pugen, counsel
Susan Scott
APPEARANCES FOR TIiE UNION:
Tirp. Mulhall, Regional. Grievance Officer
Cheryl Wing
A hearing was held in these matters ill Oakville on December 6, 2010.
"')
AWARD,
The parties appeared before me on December 6, 2010 to deal, in an
expedited manner, with three individual grievances. My rulings on the grievances are as
follows:
Penny Preedv (Grievance dated August 20, 2008)
I am satisfied that, pursuant to its hiring document and the award of
Arbitrator Fisher (dated May 11, 1999), the Employer was entitled to evaluate the
qualifications of candidat~s for the position of Residential Support Worker II
I
Community Homes pursuant to the interview process followed. However, having regard
to the fact that Ms. Preedy had, for a number of years, performed a job which, pursuant to
the relevant position descriptions, appears to have been substantially similar to the one
applied for and having regard to the location and nature of the home (ie, not specialized),
I fmd that Ms, Preedy should have been awarded the position,
This grievance is accordingly upheld. The Employer is hereby ordered to
place Ms. Preedy into the position within.a reasonable period of time. I will remain fully
seized of this matter.
Lorraine Crew (Grievance of February 20, 2008)
Having regard to the fact that Ms. Crew received sick pay benefits f?r all
of the days absent pursuant to HOODIP, I find that there is no valid grievance. This
grievance is accordingly dismisl'led.
2
Any remammg Issues between the parties concermng the timing and
content (the "when" and "what") of the medical information to be provided by employees
in the event of illnes~....or injury can be addressed in the context of the pending policy
grievance on the matter.
Susan Duvall (Grievance dated February 9, 2009)
Pursuant to what appears to have been a de facto agreement reached
between the parties concerning qualifications for full-time positions, it is clear that, at the
relevant time, the grievor did not yet have one of the courses required (i. e, -
"Developmental Disabilities") to be interviewed for the position applied for: Vocational
Support W. orker ll. This grievance is ac~ordingly dismissed.
, DATED at Toronto this 13th day of December, 2010,
~
Russell Goodfellow - Sole Arbitrator