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HomeMy WebLinkAbout1989-1893.Ford.91-07-10 ONTARIO EMPL OYES DE LA COURONNE CROWN EMPLOYEES DE L 'ONTARIO GRIEVANCE C,OMMISSION DE SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET wEST, SUITE 2?00, TORONTO, ONTARfO. NISG ?Z8 TELEPHONE/TELEPHoNE: (416) 326-r38E f80, RUE DUNDAS DUEST, BU.REAU 2'IO0, TORONTO (ONTARtOL M5G 1Z8 FACSIMILE/T~/..~COPIE : (416) 325-~396 1893/89 IN THE I~TTER OF ~N ~tB~TI~TION Un,er THE CROWN F~PLOYEEB COLLECTZVB BARGAINING ~CT Be£o~e THE GRIEVANCE 8ETTLEHENT' BOARD BETWEEN OPSEU (Ford) ~rievor - an~ - The Crown in Right of Ontario (Ministry of Transportation) Employer BEFORE: B. Keller vice-Chairperson E. Seymour Member D. Daugharty Member FOR THE J. Hayes GRIEVOR Counsel Cavalluzzo, Hayes & Shilton 'Barristers & Solicitors FOR THE M. Failes EMPLOYER Counsel Winkler, Filion & Wakely Barristers & Solicitors HE~RING June 19, 1990 June 20, 1990 July 10, 1991 On January 4, 1991 the Board issued on award which, in part, suspended a one day suspension of the grievor. The suspension was to be expunged from the record and he was to be reimbursed a days' wages if no further incident arose which might give rise to discipline. Following the issuance of the decision the grievor worked until March 26, 1991 but other than as a plow operator. He has not been back to work since as a result of a stress-related medical condition. It is not known if, on his return, he will be given snow plowing duties. The parties have been unable to agree on whether the condition relating to the one day suspension has been met and consequently referred the matter back to the Board for determination. GiVen that the grievor did work almost th~e months prior to his illness and given the circumstances subsequent to.that it's our view that no useful purpose would be served in considering the condition not met and consequently we order the suspension expunged from the grievors record. He is to be reimbursed one days wages. DATED at Toronto, this loth day of July, 1991. B. Keller, Vice-ChairDerson E-. Seymour, Member D. Daugharty, Member