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HomeMy WebLinkAbout1990-1487.Woropay.91-02-12 ONTARIO EMPLOY[:S OE LA COURONNE CROWN EMPL 0 YEES DE L 'ON TA RIO GRIEVANCE C,OMMISSION DE SETTLEMENT REGLEMENT BOARD DES GRIEFS ' ;'~0 DUNOA$ STREET WEST, SUITE ~00, TORONTO, ONTA~fO M~ '~Z$ T~L~HONE/T£L~t~HONE: (~, 16~ 3~- ~388 I~0, RuE DL/NOAS O~J~ST, RU~EAL) 2~00, TORONTO {ONTA~IOI, MS~ 1Z8 FACSfMILE/T~'L~CO~E : I4~6t 326-1396 1487/90 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE B~R~AININ~ ACT Before THE GRIEVANCE SETTLEMENT BOARD B~TWEEN OLBEU (Woropay) Grievor - an4 - The Crown in Right of Ontario (Liquor Control Board of Ontario) Employer BEFORE: A. Barrett Vice-Chairperson M..Vorster Member R. Scott Member FOR THE L. Steinberg GRIEVOR Counsel Koskie & Minsky Barristers & Solicitors FOR THE .A..Burke EMPLOYER Counsel Hicks Morley Hamilton Stewart Srorie Barristers & Solicitors HEARINg: January 8, 1990 This grievance was settled at the hearing by the parties and Minutes of Settlement were entered into. The parties have requested that we issue a Board decision in accordance with the Minutes of Settlement, and we do so. 1. The grievor shall be reinstated, effective January 16, 1991, to the classification of casual warehouse worker at Durham Warehouse. The grievor will be recalled in accordance w~th normal procedures. 3. The period August 1, 1990 to January 15, 1991 shall be considered as a disciplinary suspension, with loss in pay and seniority. 4. As a condition of his reinstatement, the grievor agrees to participate and continue to participate in and meet all requirements of a substance abuse rehabilitation program mutually agreed upon by the EAP Co-ordinator and Gerry Ravary. The grievor shall contact the EAP Co- ordinator within two weeks of date of this Settlement. 5. The grievor is to provide written authorization, on forms to be provided by the employer, releasing any and all - 2 - information related to his participation in the above- noted program to the employer, including Drogress reports. The frequency of the progress reports will be determined by the emDloyer. 6. The grievor's reinstatement shall be conditional, upon comDliance with the terms set out in paragraphs 4 and 5, for the duration of his employment. Should the grievor breach these terms, he shall be subject to immediate discharge and the grievor or the union may grieve the dismissal only to dispute the facts r~lied upon to substantiate the dismissal and not the propriety of the penalty imposed or whether just cause has been established. 7. Should the grievor's absences exceed the average for casual employees at the Durham warehouse or if the grievor reports to work in an unfit condition, then the grievor shall, at the request of the employer,' provide medical certificates in respect of additional absences or his unfit condition indicating the diagnosis of his medical condition, dates visited and expected return to work. 8. The grievor shall abstain from the use of any alcoholic beverage. -- 3 9. The grievor shall not engage in any form of misconduct caused by or relate~, wither directly or indirectly, to consumption, possession or misuse of alcohol. 10. The grievor's reinstatement shall be conditional upon compliance with the terms set out in paragraphs 7 - 9 inclusive, for a period of two (2) years of active employment commencing upon his reinstatement. It is understood that the term "active employment" does not include periods of absence or lay-off. Should the grievor breach any of the terms set out in paragraphs 7 - 9 inclusive, within this two (2) year period, he shall be subject to immediate dismissal and the grievor or the union may grieve that dismissal only to dispute the facts relied upon to substantiate the dismissal .and not the propriety of the penalty imposed or whether just cause has been established. The grievor shall not be elig~.ble for promotion for two (2) calendar years from his recall pursuant to paragraph 2 above. 12. Any issues regarding the enforcement, interpretation and compliance with these Minutes can be referred to the Board by either party, including any failure to agree under paragraph 4 above, as to the choice of a substance abuse rehabilitation program. 13. The settlement is made without prejudice to any Dosition the employer may take in any other case and without admission of liability. DATED at Toronto, thi~ 12th day of FeDruary, 1991 A. BARRETT, Vice-Chairperson '- ~. Vorster~ Member R. Scott, Member