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HomeMy WebLinkAbout2014-3191.Thibideau.16-11-14 Decision Crown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 Téléc. : (416) 326-1396 GSB#2014-3191, 2016-0039 UNION#2014-0290-0027, 2016-0290-0006 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Thibideau) Union - and - The Crown in Right of Ontario (Ministry of Children and Youth Services) Employer BEFORE Felicity D. Briggs Vice-Chair FOR THE UNION Gregg Gray Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Karen Martin Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor HEARING November 4, 2016 - 2 - Decision [1] In a June 11, 2013 Memorandum of Agreement the parties agreed to continue the practice of local med/arb sessions throughout the Ministry of Child and Youth Services. In accordance with this Memorandum of Agreement, the parties held a med/arb session at Roy McMurtry Youth Centre in Brampton Ontario. A number of grievances were addressed from this and other Child and Youth facilities. Some of the outstanding grievances were resolved but a few including this matter remained in dispute and therefore require a short decision which is without prejudice or precedent. [2] Vanessa Thibideau is a Youth Service Officer who filed two grievances dated two years apart both of which allege the Employer violated Article 2, Article 3 (disability – duty to accommodate), Article 9 and ASMP policy and all other articles, legislation, policies and procedures. By way of remedy she requested to be made whole and for $100,000. [3] This med/arb session was the second time that this grievance was scheduled but did not proceed due to the absence of the grievor. The Employer took issue with the grievor’s continued failure to appear and particularize her grievances. [4] After hearing arguments from the parties as to how to proceed I order the parties to exchange all information particular to these matters that would be relied upon for the disposition of the grievance. This exchange is to take place no later than January 15, 2017. [5] In the event either parties fail to meet this order the Board can be contacted to hear any request to deal with the matters summarily. [6] I remain seized. Dated at Toronto, Ontario this 14th day of November 2016. Felicity D. Briggs, Vice Chair