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HomeMy WebLinkAbout1990-1054.Quinn.91-06-13 ·~ . --,-~- -~-,-~-- ~....-....--- . C" ( . ~t' . .'.., . - ONTARIO' EMPLOYES DHA COURONNE J. ... , . '. CROWN EMPLOYEES DE L'ONTARlO I.. ' , . - ~ , " 1111 GRIEVANCE CPMM'SS'ON DE '. SETrLEMENT REGLEMENT '. 'BOARD DES GRIEFS " 180 DUNDAS STREET WEST, sum: 2100, TORONTO, ONTARIO, M5G IZ8 TELEPHONEITELÈPHONE: (416) 326-1388 180, RUE DUNOAS OUEST, BUREAU 2100, TORONTO (ONTARIO). M5G lZB FACSIMILEIT"EL.ECOPIE: (416) 326-1396 .- 1054/9-0 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD pETWEEN / OPSEU (Quinn) Grievor - and - The Crown in Right of Ontario (Ministry of culture and Communications) Employer BEFORE: W. Kaplan Vice-Chairperson w. Rannachan Member - D. Clark Member FOR THE D. Wright - GRIEVOR Counsel Ryder, Whitaker, Wright & Chapman Barristers & Solicitors FOR THE J. Knight, C. Zabek EMPLOYER Counsel Fraser & Beatty Barristers & Solicitors HEARING: March 5, 1991 May 14, 16, 1991 c'~ --.-. -...-___. .--.....,-..- .------""- ,,- _ _._ __ r __ _ Cn, í' r':' _ .. L ._ >01 'C ,I ". ~ 2' Introduction By a grievance dated May 28, 1990, Austin Quinn, a Security Officer at the Ontario Science Centre, grieved that"he had been disciplined \ without cause. A hearing was held in Toronto on March 5, 1991 at which time certain preliminary matters were addressed. In the result, the Board issued a preliminary decision relating to the disclosure of certain documents on March 25, 1991. On ,May 14, 1991 the hearing resumed, and following certain evidence a settlement was reached. At the request of the parties it is being issued as an order of the Board. 1. The grievance is hereby fully'and finally resolved. '. 2. The grievor hereby issues a letter of apology to the complainant, which is attached hereto as Appendix "~lJ. 3. The Union and the Employer are committed to promoting a workplace which is free from harassment, and sexual harassment in particular. The parties mutually recognize ,the value of training both management and bargaining unit employees in identifying and preventing sexual harassment in the workplace. The parties therefore will promptly schedule a meeting of the Local ERe to endeavour to agree on suitable training. 4. The Employer will change the letter of suspension dated May 8, 1990 from 20 (twenty) working days to 10 (ten) and will recompense the grievor accordingly at the 1990 rate with interest and the Employer will change the period of suspension from May 30, to June '12, 1990 inclusive. For the purposes of entitlement to pension, the grievor's continuous service/membership date of August 24,' 1981 will not be affected by the suspension. 5. The matter of the complaint of sexual harassment and the subsequent suspension of Austin Quinn has been fully and finally resolved by these proceedings, with the active participation and consent of the complainant, the grievor, and the parties. The grievor, the Union, and the Employer accordingly undertake not to engage in further discussion of these matters. .....______ ~~rr__, - '"~ ___~T ---~~--. __.T_.... -1'0_ -.. - - -~ (... (' ;.". ~ . ' "~ ' - C{ 3 6. The parties agree that this resolution shall not set a precedent and is without prejudice to future or other cases. ;. APPENDIX "A" ~ , TO: [na"me omitted] I extend my sincere apologies for any embarrassment or discomfort you may have experienced as a result of actions or statements on my part. I can assure you that I did not intend my actions or statements to cause you such embarrassment or discomfort, and that those actions ~nd statements will not take place in the 'future. Signed "Austin Quinn" . Accordingly, the above settlement is issued as an order of the Board and we remain seized with respect to its implementation. /te~ :tawa this 13th -,day of June 1991. /¡f(¡iam . Kaplan Vice-Chairperson gc<¡:;¡;:/ . .~. ,.~' ,.'t./ '.' c£,-,¿,t'"?6 ~ W.Rannachan ~ Member D.;Q.rk ât. ~d Member ~