HomeMy WebLinkAboutUnion 09-06-29
Between:
In the Matter of an Arbitration
Pursuant to the Labour Relations Act, S. O. 1995
ROYAL OTTAWA HEALTH CARE GROUP
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ONTARIO PUBLIC SERVICE EMPLOYEES UNION, LOCAL 479
Appearances:
Re: At Work Program Grievance No. 200Bw0479-0001
INTERIM ORDER
For the Employer: Michelle O'Bonsawin
For the UnIon: Val Patrick
The parties referred thIs grievance to me and the proceedings commenced in
Ottawa on June 29. 2009. It immediately became apparent that the grievance
raised several fundamental Issues concerning the administration and contents of
an attendance management program. However, these issues had not been
thoroughly Identified or canvassed by the parties to date. Rather than engaging
in costly litigation proceedings, I adjourned the grievance on the following terms:
1. The Parties are to meet on or before September 151 2009, to commence
discussions about the Implementation of an attendance management
program in the workplace. Those discussions should include:
. Identification by the Union of Its specific concerns and objections to
the program that the Employer has suggested.
. ClarIty from the Employer about the intended purpose of the
attendance monitoring process, with a clear distlnctlon drawn
between the disciplinary and non-disciplinary Implications of such a
program.
. Identiflcation of the parties' joint Interest In ensuring a healthy
workforce and facilitating the accommodation of employees.
2. In recognition that the Employer would like to Implement a reasonable
attendance management program that Is consistently applied, I
encouraged the parties to invite the other unions with bargaining rights In
the workplace to participate In these discussions, they being ONA and
CUPE.
2
3. Failing resolution of the outstanding issues before December 15, 2009, or
any later time that Is agreed upon by the parties to this proceeding) this
matter Is returnable before me at the request of either party.
4. In the interim, I remain available to assist the parties in their diSCUSSions,
by way of conference call or any other method that Is agreed upon,
should the need arise.
5. Further, I note the Employer's undertaking to revert to the previous
method of monitoring and managing absenteeism while these discussions
are underway.
6. Accordingly, this matter is adjourned with the confidence that these
parties and the other affected unions have the expertise, the wisdom and
the will to resolve these serious matters In a way that will reasonably
protect their respective rights and responsibilities.
Dated at Toronto this 29th day of June, 2009.