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Home My WebLink About1992-3109.Greenslade.94-09-20 I ~ i ~~. -, ~'~, 7' ONTARIO ';~~!< ~t}:;,-.{l' -' EMPLOYES DE LA COURONNE ""'c-" CROWN EMPLOYEES DE L'ONTARIO 1111 GRIEVANCE COMMISSION DE . SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST SUITE 2100, TORONTO, ONTARIO. M5G lZ8 TELEPHONE/TELEPHONE (416) 326-1388 180, RUE DUNDAS OUEST BUREAU 2100 TORONTO (ONTARIO) M5G lZ8 FACSIMILE /TELlECOPIE (416) 326-1396 3109/92,1296/93,1426/93,1427/93,1428/93,1930/93 '- :"1 I I,of 1 Milll IN THE MATTER OF AN ARBITRATION 'Jl;i: , ",/', I .k'i~i ! Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT , Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Greenslade) Grievor - and - I The Crown in Right of Ontario (Ministry of community & social Services) Employer BEFORE: R L Verity Vice-Chairperson i:'li p Klym Member J It~ll: M O'Toole Member \ !Iii!;; FOR THE K. Whitaker GRIEVOR Counsel Ryder Whitaker Wright -' Barristers & Solicitors FOR THE K Renison EMPLOYER Counsel Ministry of Community & social services - \;'i\ '~h~il 'l~fi - '- ~ ~ ~ 3109/92,1296/93,1426/93,1427/93,1428/93,1930/93 BOARD ORDER ) Attached is the Memorandum of Settlement which the parties agreed would be made an Order of the Board DATED at Toronto, this 20th day of September, 1994. -- --.._~ "\ -- - - .r::::-............::; - -_ ~ -.". . 7" R L Verity, Vice-Chairperson ,7/[ ~~ p Klym, Member _ m:j 61:1~ I M. O'Toole, Member I - r - ~ --------'---..- A' \ If? SENl' l3'( Ri\W: C ' 7-20-94 .12 39PM , R' C 'VHITAKER --705 726 2052 .ft 2/ JU!- 213 . 94 09 55 <<. FRO'1 - 327 ffi68 .....",~4W'~ t""H..lt ~ 1 / GSB 13109/92 1296/93 1427193 1428/93 1426/93 1930193 IN THE MAnER OF OPSEU (L. Greenslade) (Union and Grievor) -and- mE MINIstRy OF COMMUNITY AND SOCIAL SERVICES \ (Crown In Rigbt Of Ontario) (Mimstry) Whereas the parties wish to enter. into a full settlement of the above captioned grievances, the Parties agree to the following Minutes of Settlement. 1 The Utlion and the Grievor withdraw the following pievanees: I GSS 3109/92 GSB 1296193 GSB 1427/93 OS>> 1428/93 GSB 1426/93 1 GSB 1930/93 2. The MInIStry agrees to reUlState the GrieVOf to his former ~Slt1on as a Cleaner ~ II in the housekeeping department at Edgar Adult Oc~tlona1 Centre without 5" pa~ent of salary or benefits for the penod from his . missal until July 2Z, :z 1 4, bemg the dAte of reinstatement pUtSuant to this agreement. Should the Gnevor elect to make oortrributions towards the pension plan for-dns period of time he Shalllbe reqw.red to pay fot both the employer's and his own contribution. 3 The Kames agree that the GrievOI\', continuous se:vice date will not be a.ffccted for e period of time the Grievor was di!missod~ This agreement J.S m accordance with Article 2S 4(b) of the Collective Agreement betw"" tho pattles. \ \ 1uly 20, 1994 "" ,.... SENT BY RWW s-i I-..W-lH d.:. ,*urm , (.~-~' ~- ....."'"... -...'-'''- ?" .JlJL 21:3 · 94 09 . FRa'1 .. . -:. 327 ffi68 ' ~003 "- 4 'The reinstatement referred to m paragraph 2 above is conditional upon the Grievor maintaining a record of absenteeism from work, that is no I wane th3n the "~ ave~. " 5. The Grievor's attendam:e record will be ~ every (3) months for a penod of eJghteen (18) months following the date upon which the Griever i1 reinstated to his employment {"the Attmdance Tnal PerIod-] 6 If in the first twelve (12) months of the Attendance Tnal Penod the Gricvor fails to meet or s~ass the departmentAl Bverage for absen1eeism the Ministry shall ,dismiss him or that reason, or if in the subsequent SIX (6) months at the AUonda:aoc Trial Period tho Gn.cvor fails to meet or surpass the departmental average for absenteeism the Ministry shall dismiss him foc that reason. 7 (a) "Departmental average" is defined as the av~ record far sick leave (or employoes of the housekeepUlg department at Edgar or 1993. that is, an absence of twelve (12) daysIrt the first twelve (12) months of the Attendance Trial Period and six (6) days 10 the $ubsequent six (6) months of the Attendance Tnal Penod, as defined in paragraph 5 hereof. The Grlevot's absenteeism record has not been included in the calculation of the d~~~~~. ' (b) Workers' CompelUatiort related abse~ of aDL employees in the department have not been included in the calculation of departmental average for absenteeism nor will it be included in the calcu1atlon of the Grievor's absenteeism Jate . 8. (a) If the Grievor IS absent as a result of an InJury which has been approved for a Workers' Com~tioft clai~ then a. ournber of days equal to the numbet' of I daya absent for CB reasons will be added to the end of the .first twelve (12) I 'j months of the Attendance Trial Period or the subsequent six (6) months of the I Attendance TnaI Penod, whichever applies, for the purposes of calculating the Gri~'$ ~tccism :rate. (b) All sick time taJc.enby the Grievor during the Attendanctl T.ris.l Period referred to i1'1 paragraph 116" above will count towards the Grievor's to~ QlWlUty of days absent ~xcept for tho~ absence! which result from senous physlCal inJury.... requiring hospitalization in excess of three (3) days. 9 (a) Dunng the e1~teen (18) months dunng the A~ndanoeTrial Period referred to in paragraph 5" above. the Grievor agrees to ablde by and follow the provISion of the Support Servlce Procedures Manual dealing with requestS fOr vacatlon tune. lieu time, leaves of absence and n:po!1ing of absences due to illness or si~s, in partlC'.ular policies ss-m03-04 and SS..()303-05 aDd Facility Oirecuves, Attendance Management AO-0303-03, Requests lor July 20. 1994 , - - \ I ,.,.. ~~I 01 Knh ( "'-U' """L.... ...... .6"'..~ h ..........-..... w\oJ _u 4'UU.c.. JLl.. 2G . 94 09 SG (_.,. r-RON ".,,, '327 B568 {. Sl2SP ii' "l t-'FU:;. W4 ~ vaanOlllCO=onate ~ other ,leaves of absence AO-o303-04 or any '\ amendment f or articles 52.9 aM 52.13 of the Collective Agreement. (b) If the Grievor fails~ at. any time within the Atteodance Tnal Period rcfetmi to in ~ 5, to aIndo by and follow the provisions of the ~ Servioea Procedure anual and Facility Direetiverefem;d to in paragraph (a) above the Ministry shall disIIUSS rum for that reason; 10 If the Gnevor successfully com~ the eIghteen (18) month Attendance Trial Period described in Cgraph 5- above, the employer ~ to remove the fallowmg disc1pline m the employee's record, -, 1) letter of l'eprunand of July 2. 1993, 2) letter of discharge of October 25, 1993 11 The Union and the Grievor agree not to grieve any other discipline which has . already occurred and which e:tists prior to the date of his reinstatement; 12. The Panel of ~ Grievance Settlernc:mt Board covemt to .hear this matter (Verity, Kl~ Ot"foole) will is!ue theSe Minutes of Settlement as an Order of the Boan:l. 13. Prior to lSSwng the Order referred to 11\ paragrAph -11" above, the Ministry may call limited evidence desIgned to outline to the Board the nature of their case or i the merits of the grievances referred to in paragraph -I W above; 14 The Panel seized may be recovered at the request of either party to enf01'ce the proVlSlons of these Minutes of Settlement; 15 The Umon and the Gnevor ~ree not to file a subsequent gnevance alleging unjyst <bscharge if the Grievor fails to ablde and meet Ius obligations under these MinuteS of Settlement, "" 16. These Minutes of Settlement are without precedent or preJudice to any other matter between the partIes f Dated at Tocontothis 2{rrday o~ 1994 I ~~Mffi?~A- -3nt~ Phili~rgan Grievor On . Of the Ministry July 20, 1994 )