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HomeMy WebLinkAbout1989-1604.LeClair.95 ' . ONT. A.FIIO EMPLOY-~$ ,DE L.4 COUROJVIV£ CROWN EM.~O?'EE$ DE L'ONTARIO GRIEVANCE COMMISSION DE SETTLEMENT R :GLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST, SUITE 2100, TORONTO .ON MSG 1Z$ TELEPHONE/T~L~PHONE : (416) 326-1388 180, RUE DUNDAS OUEST, BUREAU 2100, TORONTO (ON) M5G 1Z8 FACStMiLE/T'~.L~COPIE : (416) 326- 'I396 GSB~ 1604/89 OPSEU# 90A259 IN THE MATTER OF AN ARBITRATION Under THE 'CROWN EMPLOYEES COLLECTIVE BARGAININO ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (LeClair) Grievor - and - The Crown in Right of Ontario (Ministry of Community & Social Services) Employer BEFORE: S. Stewart Vice-Chairperson P. Klym Member I. Cowan Member FOR TH~ N. Coleman GRIEVOR Counsel Gowling, Strathy & Henderson Barristers & Solicitors FOR THE S. Mason EMPLOYER Counsel Legal Services Branch Ministry of Community & Social Services GSB #.~. 1604/89 OPSEU # 90A259 BOARD ORDER Attached is the Memorandum of Settlement which the parties agreed would be made an Order of the Board. DATED at Toronto, this 16th day of February, 1996. / ? ~ ~ L.~!~,\~ S. Stewart, Vice-Chairperson P. Klym, Member csB ~1604/s~ OPSEU #90A259 IN THE MATTER OF AN ARBITRATION BEFORE THE GRIEVANCE SETTLEMENT BOARD BETWEEN: ONTARIO PUBLIC SERVICE EMPLOYEES UNION (the Union) Re Grievance of Robert'Leclair (the Grievor) - and THE CROWN IN RIGHT OF ONTARIO (MINISTRY OF COMMUNITY AND SOCIAL SERVICES)("the Ministry") MEMORANDUM OF SETTLEF~I'~'T 1. The parties agree to full and final settlement of this matter On the terms of the attached consent order, without precedent or prejudice with respect to any other matter. DATED at Toronto, this 2~.~h//~ay of Apr3~t, 1995. serVice EmPl°yees~ Union .~ Rober .. Ministry o~ Community and social· servi DECISION On consent of the pa~ties, the Board makes the following orders: 1. The Ministry failed to remove all documents in reference to its investigation and suspension with pay of'Bob Leclair in respect of unsubstantiated allegations of theft of ice cream and sleeping on the job on August 2, 1989 from all Oxford Regional Centre records and files, not limited to but including all of the Critical Incidents Committee record, in violation of the Board's order dated May 13, 1991. 2. The Ministry acknowledges that it failed to "remove all documents in reference to its investigation and suspension with pay of Bob Leclair in respect of unsubstantiated allegations of theft of ice cream and sleeping on the job on August 2, '1989, from all' Oxford Regional Centre records and files, not limited to but including all of the Critical Incidents Committee record" as directed by the Board in a consent order dated May 13, 1991. In making this acknowledgment, the Ministry wishes to note that, (i) the letter of suspension, the investigation report of the Critical Incidents Committee, and the letter of complaint which gave rise to the investigation were deleted from. all ORC files known by management to contain them; (ii) other documents were retained in the Human Resources grievance file in the belief that this file was exempt from the order. 3. Oxford Regional Centre is to retain only the grievance form (without attachments) and the Board order of May 13, 1991, in its grievance file in 'the Human Resources office. All other documents relating to the unsubstantiated allegations of theft of ice cream and sleeping on the job in or about August, 1989, are to be expunged from all Oxford Regional Centre files which.are known by the Employer to contain such documents. At the.date of this order, these 'files are in the Human Resources grievance file, Mr. Leclair's personnel file, and the file of the Stage 2 designee (P. Anstead). If the management of Oxford Regional Centre becomes aware of any other, files containing such documents after this Order, the documents are to be expunged. 4. The Oxford Regional Centre Human Resources grievance file described in paragraph..2 above is to be available only to Human Resources staff and not to managers in other departments except in the event that Mr. Lectair raised any complaint regarding the Ministry's conduct in the matter of the unsubstantiated allegations of theft of ice cream and sleeping on the job in or about August, 1989. 3 5. The Legal Services Branch and the Human Resources of the' Ministry may retain their complete files with all documents relating to this matter. The contents of these files shall notlbe used by the Ministry unless Mr. Leclair' raises any complai~ regarding the Ministry's conduct in the matter of the unsubstantiated allegations of theft of ice cream and sleeping on' the Job in or about August, 1989. DATED at Toronto, this day of , 1995. S.L. Stewart - Vice Chair Person P. Klym, Member I. Cowan, Member