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HomeMy WebLinkAbout2014-4176.Cliffe.15-10-08 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#2014-4176 UNION#2014-0369-0156 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Cliffe) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Janice Johnston Vice-Chair FOR THE UNION Dan Sidsworth Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Caroline Markiewicz Treasury Board Secretariat Employee Relations Advisor HEARING October 5 and October 6, 2015 - 2 - Decision [1] The Employer and the Union agreed to participate in the Expedited Mediation- Arbitration process in accordance with the negotiated protocol. The majority of the grievances are normally settled pursuant to that process. However, if a grievance remains unresolved the protocol provides that the Vice Chair of the Board, based on the evidence provided during the mediation session, will immediately decide the grievance. The decision will be without reasons, without precedent and prejudice and will be issued within fifteen working days of the mediation unless the parties agree otherwise. [2] On October 5/6, 2015 the parties at Central North Correctional Centre agreed to participate in the Expedited Mediation-Arbitration process in accordance with the negotiated protocol. [3] The grievor filed a grievance dated November 4, 2014 claiming that the Employer violated the health and safety and no discrimination/harassment provisions of the collective agreement and the Ontario Human Rights Code in removing her from her position in Admit and Discharge based on concerns related to her medical condition. [4] After having carefully considered the submissions of the parties I hereby declare and direct as follows: a). The employer shall offer the grievor a three month temporary assignment in the Program Support Clerk position in Building 13 at the applicable OAG 8 rate of pay. If the grievor accepts this assignment it must commence at a mutually agreeable date within the next 30 days. b). In the event that there are permanent vacancies within the Inmate Records Clerk position within the next 12 months the employer shall give fair and reasonable consideration to offering the grievor a minimum 3 month temporary assignment in the first permanent vacancy that arises in the Inmate Records Clerk position at the applicable OAG rate of pay. - 3 - c). The grievor shall have the option of declining any placement offered pursuant to the above. d). The employer shall screen the grievor into the competition for the Program Support Clerk position (#81083) which was recently posted and grant her an interview. e). The grievance is hereby terminated. [5] In making the directions set out above I wish to make it clear that any and all issues that could give rise to a complaint pursuant to the Ontario Human Rights Code have been addressed and were considered as part of this decision making process. Dated in Toronto this 8th day of October, 2015 Janice Johnston, Vice-Chair