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HomeMy WebLinkAbout1993-2197.Groulx.94-08-18 do.- ONTARIO EMPLOYES DE LA COURONNE CROWN EMPLOYEES DE L'ONTARIO GRIEVANCE C®MMISSION DE EMSETTLEMENT REGLEMENT BOARD - DES GRIEFS 180 DUNDAS STREET WEST, SUITE 2100, TORONTO, ONTARIO. M5G IZ8 TELEPHONE/TELEPHONE: (4 16) 326-1388 180, RUE DUNDAS OUEST, BUREAU 2100, TORONTO (ONTARIO). M5G 1Z8 ' FACSIMILE/TELECOPIE : (4 16) 326-1396 2197/93 . IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before. THE GRIEVANCE SETTLEMENT . BOARD BETWEEN OPSEU (Groulx) Grievor - and - The Crown in Right of Ontario '(Ministry 'of Health) . Employer BEFORE: B. Kaplan Vice-Chairperson J Carruthers Member D. Montrose Member FOR THE, B. Collrin GRIEVOR Counsel Ontario Public Service 'Employees Union FOR THE D.: Coutts EMPLOYER Human Resources'-Manager Ministry of Health l t 2197/93 BOARD ORDER Attached is the 'Memorandum of Settlement which the - parties agreed would be made an Order of the Board. r DATED at Toronto, this 18th day of August, 1994 . B. Kaplan, Vice Chairperson. J. Carruthers, Member D. Montrose , Member MEMORANDUM OF SETTLEMENT. BETWEEN: ONTARIO PUBLIC 'SERVICE EMPLOYEES UNION ("THE UNION") AND: MINISTRY OF HEALTH (ST. THOMAS PSYCHIATRIC HOSPITAL) ("THE EMPLOYER") - RE: GRIEVANCE OF MR. GARY GROULX In the matter of a grievance dated December 13th 1993 regarding the dismissal of.Mr. Gary' Groulx, the above-referenced parties agree to final settlement in the following terms. 1: The parties shall agree to substitute a suspension without pay and benefits in lieu of discharge for one month in accordance with Section 22(2)of The Public Service Act effective Monday,December 13th 1993. 2. Mr. Groulx will be reinstated to his position of Registered Nursing Assistant at St. Thomas Psychiatric Hospital and will not be returned to the Addiction Rehabilitation Unit. 3. None of this time off incurred by the suspension without pay will be credited towards Mr. Groulx's required days off under the provisions of the Social Contract Act and/or the Ontario Public Service Sectoral Agreement for Social Contract Act purposes. 4 Mr. Groulx will have a written performance appraisal conducted every six months for a period of two years by his assigned Nurse Manager upon his return to active duty from sick leave. 5. .. Terms and conditions of professional practice will be determined with the assigned Nurse Manager , and the assigned Clinical Nurse Specialist in partnership with Mr. Groulx. 6. Mr. Groulx will not initiate any contact whatsoever with any past, present or future staff members affiliated with the Addiction Rehabilitation Unit of St. Thomas Psychiatric Hospital in relation to the matters that give rise,to this Memorandum of Settlement. 7. Mr. Groulx will not go near and/or, on the premises of the Addiction Rehabilitation Unit of St. Thomas Psychiatric Hospital without prior written approval of the Hospital Administrator or delegate. 8. Mr. Groulx will not initiate any contact whatsoever with any former, present or future client of the Addiction Rehabilitation Unit of St. Thomas Psychiatric Hospital. 9. Should Mr. Groulx be contacted by any former, present or future clients of the Addiction Rehabilitation Unit of St. Thomas Psychiatric:Hospital, he is to: a) advise the client to contact the Programme Director of the Addiction Rehabilitation Unit; and b) advise in writing the Programme Director of Addiction Rehabilitation Unit of this contact`s and a summary of the conversation.within 72 hours. 10. Mr. Groulx must produce evidence that he has successfully completed an anger management programme. 11. Mr. Groulx will provide satisfactory documentation from a qualified professional to the Administrator of St. Thomas Psychiatric:Hospital that'he has entered into an anger management . programme no later than April 30th 1994. 12: The Employer agrees to assume responsibility for any costs associated with preparing medical certificates=referred to in part #11 that are not covered by OHIP. 13.- The Employer will give Mr. Groulx.reasonable time off as a. Duty Assignment to attend to: a) The anger management programme referred to in #10 above; and b) The pertinent medical appointments with regards to #11 above. 14. If Mr. Groulx continues to require Employee Assistance Programme support as determined by the Occupational 'Health Services of St. Thomas :Psychiatric Hospital, the Employer will_obtain an organization to provide this service for Mr.Groulx. "The Employer will give Mr. Groulx reasonable time-off as a Duty Assignment to meet with individual(s) of this organization and the Employer will incur the`costs associated with regards to this service over and above OHIP. This assistance will be provided for a period of no more than two years, effective the signing off of this Memorandum of Settlement. 15. Mr. Groulx-will not initiate and/or discuss.with-any former, present, or future staff member of St. Thomas Psychiatric Hospital and/or the Ministry of Health in relation to the matters that give rise to this Memorandum of.Settlement. 16. The.Union will advise its members not to engage in any communication with any,of the employees of the Addiction Rehabilitation Unit who were interviewed by the Investigation Team in relation to.the matters that give rise to this Memorandum of Settlement. 17. The Employer will advise those individuals that were interviewed by the Investigation Team not to engage in any communication with any OPSEU bargaining unit member in relation to the matters that give rise to this Memorandum of Settlement. 18. In view of the present situation and the issues surrounding the Memorandum of Settlement, Mr. Groulx is not to resume his part-time Registered Nurse programme until September 1994 at the earliest. . - _ 1 19. If the grievor fails to comply with any terms of this Memorandum of Settlement the Employer (ill initiate disciplinary action up to and including dismissal. 20. The union and the grievor shall agree to withdraw the grievor's grievance. 21. The parties agree that the grievor will be reinstated effective Monday, December 13th 1.993 and under the terms.and conditions stated.herein. 22. The Parties request that this settlement be made an Order of the Board and that the Board retain jurisdiction with respect to the implementation of.this settlement. DATED IN ST. THOMAS ON THIS I y DAY OF JANUARY, 1994'. FOR THE GRIEVOR AND THE UNION FOR THE MINISTRY OF HEALTH C 1, r L y -