Loading...
HomeMy WebLinkAbout2005-2563.Whyte.06-08-28 Decision Commission de Crown Employees Grievance Settlement règlement des griefs Board des employés de la Couronne Suite 600 Bureau 600 180 Dundas St. West 180, rue Dundas Ouest Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tél. : (416) 326-1388 Fax (416) 326-1396 Téléc. : (416) 326-1396 GSB# 2005-2563, 2006-0052 UNION# 2005-0337-0009, 2006-0337-0001 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Whyte) Union - and - The Crown in Right of Ontario (Ministry of Children and Youth Services) Employer BEFORE Vice-Chair Reva Devins FOR THE UNION Stephen Giles Grievance Officer Ontario Public Service Employees Union FOR THE EMPLOYER Nicholas Sapp Employee Relations Advisor Ministry of Children and Youth Services TELEPHONE August 21, 2006. CONFERENCE 2 Decision The parties have agreed to an expedited mediation-arbitration process to resolve grievances at the Brookside Youth Centre in Cobourg. Although a formal protocol has not been finalized, the parties have agreed to attempt to settle matters at mediation and, if mediat ion is not successful, to refer appropriate cases to expedited arbitration. The parties specifi cally agree that the Vice Chair can hear these matters under Article 22.16 of the collective agreement and that the decision will be without prejudice or precedent. On May 1 and 2, 2006, mediation-arbitration was convened at the Brookside Youth Centre in respect of a large number of outstanding grieva nces. On May 2, 2006, the parties entered into Minutes of Settlement (MOS) regarding grievances filed by Joanne Whyte. Subsequent to the signing of the MOS, an issue of interpretation aros e with respect to the application of the MOS to Grievance dated April 18, 2006. On consent of the parties, this matter proceeded by way of oral argument provided during a conference call convened on August 21, 2006 and by wa y of the following Agreed Statement of Fact: 1. The Grievor is a Records Clerk, Classi fication OAG 8, employed at the Brookside th Youth Center with a Continuous Service Date of approximately May 7, 1984. She is represented by the Ontario Public Service Employee?s Union (OPSEU). 2. The Employer is the Brookside Youth Center representing the Ministry of Children and Youth Services and the Cr own in the Right of the Province of Ontario. nd 3. On May 2, 2006, the parties entered into negotiations to settle the Grievor?s grievances. 4. At the time of the negotiations, the Gr ievor had three active grievances, two of which were before the GSB, that read as follows: th OPSEU no. 2005-0337-0009, dated August 11, 2005: ?I Grieve that my Employer has violated the Co llective Agreement, Art. 3, Art. 6, Art. 9, the WDHP and the Human Code (sic), and any/all other Legislation that applies. To be made whole. To be given work that is mentally challenging. To adhere to all medical restriction. Full redress.? th OPSEU no. 2006-0377-0001, dated February 24, 2006: 3 ?I grieve that the Employer has failed to pa y me appropriately according to my Dr?s note, which state ?I may return to a trial of full time hours?. Full Redress. All monies owing, vac top up for lost time, and anything else I may be due.? th Grievance dated April 18, 2006: ?The Employer is systematically responsible for: continuing to direct me to do work that adversely affects my health, ie. some duties associated with fili ng, change off work hours, not allowing me to return to full time duties. The employer has chosen to arbitrarily interpret medical advice and direction from Dr. Pauline Fenty causing undue physical pain and excessive stress. This actio n is a blatant breach of Article # 3 of the Collective Agreement; discrimination and ha rassment by DISABILITY. The employer follows the medical advice and direction provided by my phy sician. It is not acceptable for the employer to knowingly place my health and safety at risk. The employer has chosen to overlook my accommodation needs an d continues to focus on the needs of the institution. The employer knows that it is not appropriate to focus on operational needs unless undue hardship can be shown. This matter has been brought to Mr. Maguire?s attention and I can only conclude that the issue is systemic in nature of Mr. Maguire continues to choose to do nothing about it. For my hours of work to be returned to 0700-1500 and to work up to 36.25 hours per week. For my lunch time to be returned to 1300 to 1345 hours. For the employer to reimburse all personal cred its applied from April 6 to April 18 to top up my sala ry.? nd 5. On May 2, 2006, a settlement was reached by the parties and signed. The settlement specifically refers to the three grievances, stating: ?The parties hereto agree to the following terms as full and final settlement without precedent and without prejudice of the grievances dated April 18, 2006 and OPSEU #?s 2005-0337-0009 & 2006-0337-0001, and any further and/or similar matter on the following terms: ? 6. Vice Chair Devins is seized of any implementation issues related to the settlement. th 7. The Grievor has since claimed that the Grievance dated April 18, 2006 was not included in the Settlement, and is still active. At the conclusion of oral submissions, the pa rties asked that I render a decision. Having considered the submissions of the parties, I ha ve determined that the Minutes of Settlement, dated May 2, 2006 does include the April 18, 2006 grievance. The April 18 grievance was cited in the Style of Cause and was again set out in the preamble to the MOS. Moreover, as conceded by the Union, the substance of the April 18, 2006 grievance relates to a continuation of the Employer?s conduct set out in the previous two grievances. The terms of the MOS address these issues and attempt to resolve them in a manner that was satisfactory to all of the parties. By the express terms of the MOS, all three grievances, incl uding the April 18, 2006 grievance, were to be withdrawn. 4 To the extent that either the Union or the Grievor is concerned that the Employer has not satisfied all of the terms of the MOS, I remain se ized with respect to any and all issues stemming from the interpretation and application of the settlement. Dated in Toronto, August 28, 2006 Vice Chair, Reva Devins