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HomeMy WebLinkAbout1990-1850.Foulkes.91-11-15 ONTARIO ' EMPL 0 Y(iS DE LA COURO~NE CROWN EMPL 0 ?EE$ DE L 'ON TARIO GRIEVANCE C,OMMiSSION DE SETTLEMENT REGLEMENT BOARD DES GRIEFS 190 DUNDAS STREET WEST. SUITE2100, TORONTO, ONTARFO. M5G '~Z8 TELEPHONE/TELEPHONE: (416)326-;388 ~80, RUE OUNOAS OUEST, BUREAU 2100, TORONTO (ONTAR~OL MSG 1Z8 FACStMILE/T~L~COPtE ; (416) 326-~3~ 1850/90 IN THE I~TTER OF AN ~BITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ~CT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Foulkes) 'Grlevor - &nd - The Crown in Right of Ontario (Ministry of Labour) Employer BEFORE: W, Low Vice-Chairperson J, Carruthers Member M. O'Toole Member FOR THE L. Rothstein GRIEVOR Counsel Gowiing, Strathy & Henderson Barristers & Solicitors FOR TH~ S. Gleave EMPLOYER Counsel Hicks, Morley, Hamilton, Stewart, Storie Barristers & Solicitors HEARIN~ October 23, 1991 FILE NUMBER: 1850/90 IN THE MATTER OF AN ARBITRATION BETWEEN : ONTARIO PUBLIC SERVICE EMPLOYEES UNION (M. FOULKES) GRIEVOR - and - THE CROWN IN RIGHT OF ONTARIO (MINISTRY OF LABOUR) EMPLOYER CONSENT ORDER Pursuant to Minutes of Settlement filed and on consent: 1. The Employer acknowledges that the conduct of its employee, Mr. Cabeza ("Cabeza") vis-a-vis the Grievor constitutes harassment; 1. Mr. Cabeza shall not be.permitted to return to work in the Radiation ~rotection Service or its successor department ("RPS") of the Ministry of Labour or to any department~ 'located at 8lA Resources Road, Weston, Ontario, while the Grievor is assigned to the RPS or any other department at that location unless and until the following conditions are met: (a) Mr. Cabeza undertakes counselling and training courses in communication and interpersonal 'skills as directed by the Human Resources Branch of the Ministry of Labour; and (b) Mr. Cabeza satisfies the Deputy Minister of Labour that his awareness and interpersonal skills have improved to the extent that he will not engage in further harassment. 2. The parties agree that the Deputy Minister will not make a determination under paragraph 2(b) above until after he/she has notified the Grievor of Mr. Cabeza's request to return in the RPS or at 8lA Resources Road and has permitted her and her representative an opportunity to be' heard with respect to the determination. 3. In the 'event that Mr. Cabeza satisfies the conditions set out in paragraph 2 above, the parties agree that at no time shall the Griev0r be required to work for Mr. Cabeza nor shall Mr. Cabeza exercise any supervisory authority over the Grievor. 4. The Memorandum of Settlement, filed herein,' is made 3 without prejudice and without precedent except for the enforcement of its terms. DATED at Toronto this 15th day of November, 199I. . CARRUTHERS M. O ' TOOLE