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HomeMy WebLinkAbout2012-2922.Grievor.14-11-24 Decision Crown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 Téléc. : (416) 326-1396 GSB#2012-2922 UNION#2012-0542-0023 Additional files attached in “Appendix A” IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Grievor) Union - and - The Crown in Right of Ontario (Ministry of Community and Social Services) Employer BEFORE Peter F. Chauvin Vice-Chair FOR THE UNION David Wright Ryder Wright Blair & Holmes LLP Barristers and Solicitors Counsel FOR THE EMPLOYER Caroline Cohen Treasury Board Secretariat Legal Services Branch Counsel CONFERENCE CALL September 10, 2014 - 2 - Further to the conference call hearing that was conducted on September 10, 2014, at which the parties made their representations regarding my Decision in this matter dated July 3, 2014, and its ramifications upon the Memorandum of Settlement signed by the parties and the Grievor on May 29, 2013, I issued the following ORDERS: [1] I ordered the Grievor to sign the Consent authorizing the release of his medical records to his choice of one of three (3) service providers for the purpose of their determining whether it is appropriate that one or more IMEs be conducted upon the Grievor. The May 29, 2013 Memorandum of Settlement refers to "The second IME". In view of the facts of this case, as they have evolved, it is clear that it may be necessary that the second IME take the form of more than one IME, assessing both the Grievor’s physical and psychological or psychiatric state. [2] I ordered that should the Grievor fail to sign the Consent, this will constitute a failure to cooperate for the purposes of the May 29, 2013 Memorandum of Settlement. [3] I confirmed, as stated in paragraphs 37 to 41 of my July 3, 2014 Decision, that even though I was not satisfied that Dr. Woodside's Report was sufficient to rule that the Grievor presents a safety risk to himself or others if he returns to work, that nevertheless the Grievor’s physical and psychological issues and behaviours still give rise to very serious concerns and doubts about whether the Grievor can, and more importantly, should in fact be returned to the workplace. It is an essential requirement of every employee to be a productive and cooperative employee. The Grievor's past employment and medical history raises serious concerns about whether he can be a productive and cooperative employee, and whether he should be returned to work. Accordingly, to assess this, there may need to be one or more physical and psychological or psychiatric evaluations as part of the second IME, as referred to in paragraph 1 above. Dated at Toronto, Ontario this 24th day of November 2014. Peter F. Chauvin, Vice-Chair - 3 - Appendix A GSB# Union File# 2012-2923 2012-0542-0024 2012-2924 2012-0542-0025 2012-2925 2012-0542-0027 2012-3234 2012-0542-0028 2012-3235 2012-0542-0029 2012-3236 2012-0542-0030 2012-3237 2012-0542-0031 2012-3238 2012-0542-0032 2012-3239 2012-0542-0033 2012-3240 2012-0542-0034 2012-3241 2012-0542-0035 2012-3242 2012-0542-0036 2012-3243 2012-0542-0037 2012-3244 2012-0542-0038 2012-3245 2012-0542-0039 2012-3246 2012-0542-0040 2012-3247 2012-0542-0041 2012-3248 2012-0542-0042 2012-3249 2012-0542-0043 2012-3250 2012-0542-0044 2012-3251 2012-0542-0045