HomeMy WebLinkAbout1993-0911.Legacy.94-04-14
ONTARIO c.'J' ( ~
~ EMPLOYES DE LA COURONNE
CROWN EMPLOYEES DE L'ONTARIO
~
!"!.. 1111 GRIEVANCE CpMMISSION DE
SETTLEMENT REGlEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 2100, TORONTO, ONTARIO, M5G IZ8 TELEPHONE/TELEPHONE (4 6) 326- 38,
180, RUE DUNDAS OUEST BUREAU 2100, TORONTO (ONTARIO) M5G IZ8 FACSIMILE /TELECOPIE (416) 326-1391
911/93
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OPSEU (Legacy) Grievor
- and -
The Crown in Right of Ontario
(Ministry of Health)
) Employer
BEFORE: s. Tacon Vice-Chairperson
M. Lyons Member
J. Campbell Member
FOR THE E. Mitchell
GRIEVOR Counsel
Koskie & MinSky ('
Barristers & Solicitors
FOR THE D. Strang
EMPLOYER Counsel
Legal services Branch
Management Board Secretariat
HEARING March 15, 1994
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DECISION
On the day scheduled for hearing in this matter, the parties
entered into discussions and, ultimately, reached the following
settlement which they requested be incorporated into a consent
order of the Board.
CON$ENT ORDER
1 The Employer shall reinstate Cliff Legacy (lithe Grievor") on
April 11., 1994, provided that the Grievor provides the Employer by,
on or before April a, 1994, with a letter from the Pinewood Centre
indicating that he has participated in the after-care programme,
following his completion of the day treatment programme, and that
he is committed to continuing with an after-care programme This
letter is to be dated no earlier than April 1, 1994. The
reinstatement is without compensation but with seniority to May 6,
1993, and after April 11, 1994.
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2. The reinstateme~t of the grievor on April 11, 1994 is subject
to the following conditions for a one year period:
(a) the Grievor shall provide a report from the Pinewood Centre
to the Employer indicating that he continues to be actively
involved in an after-care programme. Such reports will be provided
every two months;
(b) the Grievor shall not drink alcobol during working hours,
including lunch and breaks, shall not report to work under the
influence of alcohol and shall not drink alcohol on a day he is
scheduled to work;
(c) for the first six months after his reinstatement, the
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Grievor must provide medical authorization for every unauthorized
absence;
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Cd) the Grievor's attendance record must be at or below the
facility average for Housekeeping employees, with the ~xception of
WCB absences, or- absence due to serious illness or accident;
Should the Grievor breach any of these conditions by April 1'0,
1995, then the Employer may discharge him and the only issue which
the Grievor may grieve is whether the conditions have been
violated
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3. Nothing in. this settlement restricts the management right to
enforce its policies with respect to attendance, lates,
unauthorized absences, or other employment misconduct.
4. The parties request that these terms be issued a~ an order 'of
the Grievance Settlement Board.
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DATED at Toronto this 15th day of March 1994
"Corey Williams" "Cliff Legacy"
for the Employer for the Grievor
"KarenClarkrr "E.M. Mitchell"
for the Employer for the Union
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In accordance with the request of the parties, the above terms and
conditions are hereby issued as an order of the Grievance
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Settlement Board. The Board remains seized to deal with any
difficulties arising out of the implementation of the consent
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order.
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I DATED at Toronto this l-4th day of April,1994.
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S. Tacon,
I- Vice-Chairperson
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Employer \ Member
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