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HomeMy WebLinkAbout2012-3349.K.15-03-18 DecisionCrown 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#2012-3349 UNION#2012-0532-0073 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (K) Union - and - The Crown in Right of Ontario (Ministry of Training, Colleges and Universities) Employer BEFORE Janice Johnston Vice-Chair FOR THE UNION Jane Letton Ryder Wright Blair & Holmes LLP Counsel FOR THE EMPLOYER Caroline Cohen Treasury Board Secretariat Legal Services Branch Counsel HEARING March 13, 2015 - 2 - Decision [1] This is a discharge case for innocent absenteeism. [2] After having carefully considered the submissions of the parties I hereby declare and direct the following: 1. Counsel for the union has undertaken to ensure that the grievor’s mother and a friend of the grievor is made aware of the situation facing the grievor. This shall occur on or before the end of business day on Tuesday, March 17th. 2. The grievor is to contact and commence to attend Narcotics Anonymous at a location of his choice next week. He shall have the appropriate person speak to counsel for the union to confirm that he is doing so. 2. Counsel for the union shall assist the grievor in obtaining the appropriate referral from his family doctor to enable him to enroll in a minimum three week residential program at a treatment facility of his choice. Once the referral has been obtained and the grievor’s application to attend the program has been submitted, union counsel will advise counsel for the employer of this fact. The referral and application process will be completed on or before April 15, 2015. In the event there is a delay a conference call may be held if necessary to address the consequences of the delay. 3. The grievor shall be enrolled no later than June 1, 2015 in a minimum three week residential treatment program. 4. At the conclusion of the residential portion of the grievor’s treatment counsel for the union shall obtain a report from the treating physician outlining the progress of the grievor and the recommended continued treatment. At that point the parties shall discuss what should occur next in terms of this arbitration process and if unable to agree a conference call will be scheduled in an expeditious fashion. 5. Should the grievor fail to comply with any of the steps outlined above the arbitration shall proceed based on the evidence to date. Dated at Toronto, Ontario this 18th day of March 2015. Janice Johnston, Vice-Chair