HomeMy WebLinkAbout1992-3062.Young.97-03-10
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, ",. ONTARIO EMPLOytS DE LA COURONNE
, '~.' ': ' CROWN EMPLOYEES DE L'ONTARIO
II' ".'11 GRIEVANCE C9MMISSION DE
SETTLEMENT REGLEMENT
BOARD DES' GRIEFS
180 DUNDAS STREET WEST; SUITE 2100, TORONTO ON M5G 1Z8 TELEPHONEn-ELEPHONE (416) 326--1388
180, RUE DUNDAS OUEST; BUREAU 2100, TORONTO (ON) M5G 1Z8 FACSIMILE/TELECOPIE (416) 326-1396
GSB # 3062/92
OPSEU # 93B067
IN THE MATTER OF AN ARBITRATION
Onder
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OPSEU (Young)
Grievor
- and -
The Crown in Right of Ontario
(Ministry of Health)
Employer
BEFORE W. Kaplan Vice-Chairperson
FOR THE D. Wright
GRIEVOR Counsel
Ryder, Wright, Blair & Doyle
Barristers & Solicitors
FOR THE M. Quick
EMPLOYER Counsel
Legal Services Branch
Ministry of Health
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Introduction
On June 17,1995, the parties entered into Minutes of Settlement. These
Minutes were directed at resolving a large number of matters in dispute,
including several grievances One section of these Minutes, as modified by
a subsequent GSB award dated August 1, 1996, reads as follows
The parties agree to designate a mutually-agreed upon physician who,
subject to the following paragraph, may examine Ms. Young and report to
both her and to the Employer with respect to her health and her ability to
return to work should an exposure occur In accordance with the
Memorandum of Settlement, the parties will, forthwith, meet and attempt
to agree on the designation of this physician. If they are unable to do so
within thirty days of the issue of this award, William Kaplan will make
the choice by final offer selection. In the event that the designated doctor,
chosen consensually or by final offer selection, becomes unable or
unwilling to serve, the parties will meet forthwith and attempt to agree
on the appointment of a replacement, and in the event that they are unable
to agree that choice will be made by William Kaplan, or by another
Vice-Chair of the Board, by final offer selection The intent of this
provision is to ensure a designated physician is available, if required, to
examine Ms. Young as soon as possible after an exposure and report on her
condition to Ms. Young and to the Employer The designated physician will
be provided with a copy of the "Olilgoing Protocol for the Accommodation of
Cheryl Young at Kingston Psychiatric Hospital."
In the event of an exposure, the parties agree and understand that Ms.
Young's return to work will be dependent on her post-exposure condition
Ms. Young will inform the Ward Supervisor as soon as possible following
an exposure, should one occur, as to the expected date of her return. The
Employer may, in accordance with the terms set out in the Collective
Agreement, require Ms. Young to be examined by the designated physician
who will report to Ms. Young and the Employer with respect to Ms.
Young's expected date of return When the designated physician, or
someone standing in for him or her, or, should Ms. Young not be referred
to the designated physician, one of Ms. Young's own doctors, determines
that Ms. Young is able to return to work, she will notify the Employer
promptly and will return to work on her next scheduled shift consistent
with the medical recommendation, or as agreed. Ms. Young's family
physician will also be provided by Ms. Young with a copy of the "Ongoing
Protocol for the Accommodation of Cheryl Young at Kingston Psychiatric
Hospital "
Unfortunately, the-parties were unable to agree on the choice of the
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designated physician and, as provided for above, that issue proceeded before
me by way of final offer selection After receiving the written
submissions of the parties, and after carefully considing those
submissions, I am of the view that Dr Prakash Surra should be the
designated physician and I so direct. While I can certainly understand why
management would put forward an allergist as its choice, on balance, and
following my review of the detailed documentary record, not to mention my
awareness more generally of the facts of this case and the grievor's
emotional reaction to shellfish exposure, I am satisfied that a psychiatrist
is, in selecting between the two choices put before me, the better choice.
I remain seized with respect to the implementation of this award
DATED at Toronto this 10 t h day of March 1997
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William Kaplan
Vice-Chairperson
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