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HomeMy WebLinkAbout1992-2397.Manning.93-10-05 - - --- ONTARIO EMPLOYES DE LA COURONNE CROWN EMPLOYEES DE L'ONTARIO 1111 GRIEVANCE: COMMISSION DE ~ . . . SETTLEMENT REGLEMENT BOARD DES GRIEFS 780 DUNDAS STREET WEST SUITE 2700 TORONTO, ONTARIO. MSG lZ8 TELEPHONEITELEPHONE (416) 326-1388 780 RUE DUNDAS OUEST BUREAU 2100 TORONTO (ONTARIO) MSG lZ8 FACSIMILE'TEU:COPIE (416) 326- 1396 2397/92 IN THE MATTER OF AN ARBITRATION Und~r THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Manning) Grievor - and - The Crown in Right of ontario (Ministry of Community & Social Services) Employer BEFORE: B Fisher Vice-Chairperson p Klym Member F Collict Member FOR THE N Coleman GRIEVOR Counsel Gowling, strathy & Henderson .Barristers & Solicitors FOR THE L Marvy EMPLOYER Counsel Legal Services Branch Ministry of Community & social Services . '.. ~ - - - - - _____n_. _, __ _ _ _ _ _ 2397/92 BOARD ORDER Attached is the Memorandum of Settlement which the parties agreed would be made an Order of the Board DATED at Toronto, this 21st day of October, 1993 \ p~ P Klym, mber ~ -./' d F ", ,Member --' - ". GSB File No.. 2397/92 Grievance Settlement Board , In the Matter of an Arbitration BETWEEN Ontario Public Service Employees Union (the "Union") - and - David Manning (the "Grievor") - and - The Crown in Right of Ontario (Ministry of Community & Social Services) (the "Ministrylt) MINUTES OF SETTLEMENT THE PARTIES AGREE to the following terms in full and final settlement of thIS matter on a without precedent, without prejudice basis 1 The Mmistry agrees to rescmd all dIscipline with respect to this matter 2. The Mi!llstry agrees to reimburse the Grievor for 20 days' pay subject to the I usual deductIOns. ~~- .-. - ---- . \; i - 2 - 3 The Ministry agrees to remove all letters of disciplme and suspension from tbe Grievor's personnel files and to substitute the attached letter of counsel. 4 The Ministry agrees to remove the investigator's report and appendices, including the complaint, witnesses' statements, and other documents from the Grievor's i personnel files. S The Ministry agrees to forward to the Ministry Co-ordinator of the Workplace Discnmination and Harassment Prevention Policy the following concerns of the Union and the Grievor I ! ! (a) grea~er efforts should be made to resolve complaints at the \ information resolution stage; (b) clarify entitlement of the Grievor to representation at the informal resolution stage as well as the formal resolution stage, (c) the management or human resources staff who attempts to resolve a complaint informally should not provide information about the complaint or the responses of the respondent otother witnesses to the formal complaints investigator assigned to investIgate the complaint to avoid compromising settlement efforts. or the investIgation process; - - ----- -, r' >, '. - 3 - (d) clarify the obligation of an adviser under the policy to advise a complainant to seek advice from another adviser because of conflict of interest when the adviser has a personal relatIOnship with the complainant beyond a simple relationship of co- workers in the workplace. 6. The Union and the Grievor agree to withc;lraw the grIevance. 'I 7 The parties agree that this settlement shall be made an order of the GrIevance Settlement Board. DATED at Toronto this 5th day of October, 1993 \ l "Nlck Coleman" "David Manning" \ OPSEU DAVID MANNING ( "RIck Martm". MINISTRY OF COMMUNITY & SOCIAL SERVICES \ ,J ! -- ~ '" ( "/"..e, ~. UTl'EK OF COUNSEL October S, 1993 ) Mr. David Mann;ng \ '\ Dear Mr Manm.,g: This is to advise you of tbe Ontario Public Service .WorkpIace D:iscrimiDation aDd Harassment Pnwention. Directives and Guidelines. I have CDclosed a copy of this policy for your rcMcW. I wish to draw your attentions:pecifically to page G.7.1.3 where it is statedp in ~ that -harassJneDt- can include such conduct as remarks. jokes aDd innueDdo where these COJJUDeIlts. arc related to sex. I will aII'IDge for you to attend the Ministry's mandatory employment equity courses at the earliest possible time. If you have any ques1ious <m1hese policies, please do not besi~te to let your supervisor know. This letter is not intended to be ~ nature, but is iDrended to clarify the expectations of the Ontario Public Serv1ceorkplace Discrimi.aation and Harassment Prevention Policy to you. It may DOt be used in any future discipliDary ~T other than to prove that Jou have been made aware of the Workplace D:isaimiDation and Harassnaent PrcveDtioa Policy ( Youn truly, Mary Su~laDd Director TbisdetOWD bgional Centre Encl.