HomeMy WebLinkAbout1978-0161.Brown.85-10-25IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
Between:
Before: R. L. Verity, Q.C. Vice-Chairman
I. J. Thomson Member
G. J. Mikiey Member
For the Crievor: M. I. Rotman
Counsel
Rotman, Zagdanski
Barristers & Solicitors
For the Employer: R. Younger
Staff Relations Advisor
Staff Relations/Safety
~Ministry of the Enviornment
Hearing: September 19, 1985
OPSEU (Margaret Brown)
and
Crievor .
The Crown in Right of Ontario
(Ministry of the Environment) Employer
bene f
1979 .
its and had not been actively employed since October 10,
Following the Parties' representations, the Board
rejected the Union's request for an adjournment sine die but
did grant the adjournment upon the following terms and
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ORDER
In this matter, two separate Grievances were filed by
Margaret Brown dating back tog 1978.
Counsel for the Griever withdrew the Grievance dated
August 2, 1978 (File #161/78), upon the written instructions of
the Grievor.
The second Grievance dated November 1, 1978 (File
#15/79) alleges an improper performance appraisal on October 2,
1978, contrary to Section 17(2)(b) (as it then was) of the
Crown Employees Collective Bargaining Act.
At the outset, Mr. Rotman requested an adjournment
sine die as a result of the fact that the Grievor was presently
under physicians' treatment for medical and emotional reasons
and was unable to attend the Hearing. The Employer opposed the
adj0urn.men.t on the basis that the Grievance was of long stand-
ing and that an adjournment would result in further delay. The
Board was advised that Mrs. Brown was on long term disability
’ ,t
,I-; - 3 -
conditions: i-
l. The Grievance of Margaret Brown filed
August 2, 1978 (File #161/781 is hereby
withdrawn.
2. The Appraisal Grievance of Margaret
Brown filed Novem~ber 1, '1978 (File 815/79)
is adjourned as a result of the Griever's
illness and shall be rescheduled for hear-
ing by the Registrar of the Grievance
Settlem.ent Board during the month of April,
1986.
3. The Union shall provide the Employer
forthwith with full particular's of the r
allegations of bias in the Appraisal Crie-
vance dated October 2, 1978.
4. In the event that the Griever is unable
to proceed at'the rescheduled Grievance
Settlement Board Hearing in April, 1986
because.of continuing medical reasons, the
Board shall be provided with a medical
certificate prepared by a duly qualified
medical practitioner, which details the
Gr
DA
:.vor's med ical condition.
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ED at Br .antford, Ontario, this 25th day of October, 1985.
R. L. Verity, Q.C. - Vice-Chairman
+/II. Thomson - Member
a 14Ly
G. 3. Milley - Member