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HomeMy WebLinkAbout1994-0359.FERNANDES94_11_21 ONTARIO EMPLOYES DE LA COURONNE CROWN EMPLOYEES DE L 'ONTARIO _ _ GRIEVANCE COMMISSION DE . \ SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST SUITE 2100. TORONTO, ONTARIO. MSG lZ8 TELEPHONE/TELEPHONE (416) 326-1388 180 RUE DUNDAS OUEST BUREAU 2100, TORONTO (ONTARIO) M5G IZ8 FACSIMILE ITELECOPIE (416) 326-1396 359/94 IN THE HATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Fernandes) Grievor - and - The Crown in Right of Ontario (Ministry of Culture Tourism & Recreation) Employer BEFORE: M Gorsky Vice-Chairperson J Carruthers Member F. Collict Member FOR THE B Ahad GRIEVOR Grievance Officer Ontario Public Service Employees Union FOR THE C. Currie EMPLOYER Corporate Staff Relations Officer Management Board Secretariat HEARING November 21, 1994 2078/93 BOARD ORDER Attached is the Memorandum of Settlement which the parties agreed would be made an Order of the Board DATED at Toronto, this 21st day of November, 1994. //? . ~)-~~l M Gorsky, Vice-C~airperson ~~ ()1. Carruthers, Member o ~.;; ~ .-:7 --t-^---0I F l1ct, Member ~ MEMORANDUM OF SETTLEMENT IN THE MATTER OF A GRIEVANCE BEFORE THE GRIEVANCE SETTLEMENT BOARD BETWEEN ONTARIO PUBLIC SERVICE EMPLOYEES UNION (Lucyna Fernandes - "Grievor" ) AND THE CROWN IN RIGHT OF ONTARIO (Ontario Science Centre - "Employer" ) OPSEU #: 94B757 GSB #: 359/94 Without precedent and without prejudice, the parties hereto agree ~~ to resolve the above-captioned grievance dated February 28, 1994- on the following terms 1 Consistent with the principles of the Emplovment Equitv Act, and the Ontario Human Riahts Code and the ongoing obligation to accommodate short of undue hardship, the parties agree that the following accommodation shall be made based on the grievor's circumstances 2 The Employer shall schedule the Grievor according to P Trayling's scheduled shifts effective December 5, 1994 3 The Grievor's schedule for the period commencing November 22nd to December 16, 1994 is as follows November 22, 1994 - Days (7 00 a m - 3 00 pm) November 23, 1994 - Day Off November 24, 1994 - Day Off I , November 25, 1994 - Days (7 00 a m - 3 00 pm) November 26, 1994 - Days (7 00 a m - 3 00 pm) November 27, 1994 - Days (7 00 a m - 3 00 pm) November 28, 1994 - Days (7 00 a m - 3 00 pm) November 29, 1994 - Days (7 00 a m - 3 00 pm) November 3D, 1994 - Days (7 00 a m - 3 00 pm) December I, 1994 - Days (7 00 a m - 3 00 pm') December 2, 1994 - Days (7 00 a m - 3 00 pm) December 3, 1994 - Day Off December 4, 1994 - Day Off December 5, 1994 - Afternoons (3 00 p m - 11 00 pm) December 6, 1994 - Afternoons (3 00 p m - 11 00 pm) December 7, 1994 - Day Off December 8, 1994 - Day Off December 9th - Swing (10 30 a m - 6 30 pm) December lOth - 16th- Days (7 00 a m - 3 00 pm) 4 The Grievor will commence her vacation on December 17, 1994 which will require her to use two (2 ) compensatory time off (C TO) days 5 Upon the grievor's return from vacation in January 1995, consistent with paragraph two (2) , she will be scheduled according to P Trayling's schedule 6 In the event that P Trayling is not available to work an afternoon shift(s) because of illness, vacation, C T 0 days, etc , the Grievor will be notified and given the option of utilizing her C T 0 or vacation days (partial or full) It is also understood that the Grievor may approach her colleagues and attempt to switch her shift(s) to avoid working those afternoon shifts where P Trayling is absent 7 The Employer shall make every attempt to accommodate the Grievor's request pursuant to paragraph six (6 ) In this regard, it is understood that operational requirements must be assessed in conjunction with the duty to accommodate 8 It is understood that the terms of this agreement do not constitute any admission of liability 9 The Grievor and the Union shall withdraw the above-captioned grievance 10 The parties agree that this settlement shall be made an Order of the Grievance Settlement Board and the parties further agree that the Board shall remain seized of this matter in the event that any differences arise from the implementation or failure to implement the terms of this settlement J I Dated at Toronto this 21st day of November 1994 I , ,---, O,lJv u., ~ -l-f-", ~/'/l~.J/1 For theGGrievor ~bt ~J For . e Ontario Public Service Employees Union