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HomeMy WebLinkAbout1991-3022.Bovey.92-11-17 ONTARIO EMPL OY£S DE LA COURONNE CROWN EMPL 0 YEES DE L 'ON TARtO GRIEVANCE C,OMMISSlON DE SETTLEMENT REGLEMENT BOARD DES GRIEFS DUNDAS STREET, WEST, SUITE 2100, T~)RO."4TO, ONTARIO. M5G IZB · TELEPHOIVE/T~L~:PHONE: (4 16) 326- 13E8 RUE DUNDAS DOEST, BUREAU 2 I00. TORONTO (ONTARIO), MSG ;Z8 rCAC$$P'41LE/'TE£~COP{E : (4 t6j 326-I396. 3022/91 IN THE MATTER OF ~N'ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE B&RGAININ~ ACT Before THE GRIEVANCE SETTLEMENT BO]tRD BETWEEN OPSEU (Bovey) Grlevor - and - The Crown in Right of Ontario (Ministry of'Health) ~mployer BEFORE: R. Kennedy Vice-Chairperson M. Vorster Member D. Montrose Member FOR THE M. Bevan GRIEVOR Grievance Officer Ontario Public Service Employees Union FOR THE M. Contini EMPLOYER Counsel Mathews, Dinsdale & Clark Barristers & Solicitors HEARING October 27, 1992 -2- INTERIM AWARD The Grievor was employed by the Employer in the capacity of an Ambulance Driver/Attendant. His employment was terminated as a result of certain observations reported to the Employer by another Driver/Attendant in the course of an emergency call that took place February 10, 1992. Subsequent to discharge, the Employer learned that the Grievor has a medical condition from which he has suffered since birth, which condition, in the Employer's view, prevents the Grievor · from functioning in the capacity of a Driver/Attendant. At the conclusion of the evidence of the first witness called by the Employer, discussions ensued between the parties and arrangements were concluded which the parties wished to be contained in an Interim Award of this Board. That agreement was as follows: INTERIM ORDER 1. It is agreed that Mr. Bovey ~11 submit to an examination by a medical · specialist to be mutually agreed upon by the. ComPany and the Union to assess his ability to perform his duties and responsibilities as an ambulance attendant. Costs of this assessment will be borne equally by the Company and the Union. -3- 2. If deemed necessary by either party, the mutually agreed upon specialist will be provided with a wxitten job description for an ambulance attendant, such job description itself to be mutually agreed on. 3. The examination of Mr. Bovey will take place as soon as is reasonably possible following selection of the medical specialist. 4. if the medical specialist opines that Mr. Bovey is capable of performing the duties and responsibilities of an ambulance attendant without risk or impediment because of his medical condition, the Company will reinstate Mr. Bovey with compensation for lost wages, subject to his duty to mitigate if raised. The proceedings herein will then be terminated. 5, If the medical specialist opines that Mr. Bovey is not ~apable of performing the duties and responsibilities of an ambulance attendant without risk or impediment because of his medical condition, the proceedings herein will continue. The report of the medical specialist will then be admissible in evidence before the Board, subject to either party's right to require the attendance of the medical specialist to give viva voce evidence, with respect to -4- Mr. Bovey's medical condition and any other issues relevant to these proceedings. . 6. If a medical specialist c~nnot be mutually agreed upon by the parties within thirty days of the date hereof, these proceedings will be relisted for hearing and will continue in the normal course. Accordingly, the foregoing is the Interim Award of this Board. We remain seized on all aspects of this grievance. Should either party require that the hearing resume, the Registrar may be notified. DATED this l?~h day of November, 1992. Ross L. Kennedy - Vice-C~airperson / M. Vorster - Member D. Montrose - Member