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HomeMy WebLinkAbout1994-1750WILK95_09_26 ..- ONTARIO EMPLOYES DE LA COURONNE CROWN EMPLOYEES DE L'ONTARIO ( 1111 GRIEVANCE COMMISSION DE \l'\ (, \' , , J' \ SETTLEMENT REGLEMENT \'I L\..... BOARD DES GRIEFS ?~ ( \~\"- J. \I\-~ 180 DUNDAS STREET WEST SUITE 2100 TORONTO ONTARIO M5G IZ8 TELEPHONEITE:LE:PHONE (416) 326-1388 180 RUE DUNDAS OUEST BUREAU 2700 TORONTO (ONTARIO) M5G lZ8 FACSIMILE ITEU,COPIE (416) 326-1396 r i<: -'.r . , ._ F~ GSB# 1750/94 ~\i(" ~." ii:'- ."., cr 7 I ~"'. {' ~$ ~~ >! - ;.~, if ~~; I," J li ~." "", ,. OPSEU# 94E661 '" ~"''''' ,'7!J." 1>."""" '..,_:.ii, I I I SEP 2 7 1995 IN THE MATTER OF AN ARBITRATION I .- Under F' , i._ ,-, - ',-, /' '" r_ ;;:~ l'-'.fIDS'1'RE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT L-#....'''~."'~----..--------~ Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Wilk) Grievor - and - The Crown in Right of Ontario (Ministry of the Solicitor General & Correctional Services) Employer BEFORE: R J Roberts Vice-Chairperson FOR THE M Bevan GRIEVOR Grievance Officer Ontario Public Service Employees Union FOR THE M Mously EMPLOYER Grievance Administration Officer Ministry of the Solicitor General & Correctional Services HEARING September 26, 1995 .-' @ Ministry of the W Solicitor General Memorandum of Settlement and Correctional Ontario Services IN THE MA TTER OF THE GRIEVANCE OF Roman Wilk Name Fire Safehl Officer/Office of the Fire Marshall ClassificationlWork Location G S B FILE 1750/94 Date and Subject of Grievance October 4, 1994 - Dismissal BETWEEN. ONTARIO PUBLIC SERVICE EMPLOYEES UNION (The Union) -A ND- THE CROWN IN RIGHT OF ONTARIO (Mmistry of the SolicItor General and Correctional Services) (The Ministry) The parties agree to a full and final settlement of the above-noted grievance without precedent and without prejudice to any future and/or similar matter on the following terms 1 Management at the Office of the Fire Marshall ('Management') agrees to conditionally reinstate the gnevor without compensation from the date of discharge (September 3D, 1994) to the date of remstatement. The grlevor shall be reinstated as a Fire Safety Officer 1 at the top level m the salary scale at the London Office of the Fire Marshall. The period of time between discharge and remstatement will be treated as a period of suspension "",ithout pay No relocahon costs will be paid with respect to this reinstatement. 2. The grievor agrees to undergo a medical/health examination by a qualified physician of Management's choice within fifteen (15) days of the signing of this Memorandum of Settlement and agrees to provide a release of information to Management respecting the findings of this medical/health exammation. The grievor agrees to co-operate and participate with any reasonable treatment recommendahons that may follow from this exammation. 3 The date of reinstatement referred to in paragraph 1 shall be determined by Management but shall be no later than fifteen (15) days after receipt of the medical information referred to m paragraph 2. 4. The grievor agrees to conhnue with any treatment programmes he is currently participating in to therr successful complehon. The grievor agrees to provide a release of informahon allowing contact with the programme prOViders m order to monitor attendance and parhcipahon. The gnevor further agrees to attend Alcoholics Anonymous or any other support programmes recommended as part of Ius treatment and provide Management with proof of such attendance when required Memorandum of Settlement - Roman Wilk 1750/94 Page 2 5 I ollowmg satIsfactory completIon of a one (1) Yl'ar underhll perIod, Management shall place tIll' grIevor m the posItion of FIre Safety Ofhcer 2 at the thtnt-Ievel m the salary scale ...&GLlt7e<.]ut:'nt menHflert'ftse&--snall be-eaTned in-the usual "way-and shall be based on contInued satIsfactory . k ) " , perfornlance h.,- ~ ,\ (. (,\A.,,, c. '" -, , \ > l (j, -j . c C ,(.. l j' 6 ror three (3) years followmg reinstatement, the grievor's performance and attendance will be revIewed at intervals of no greater than SIX (6) months For each of these review penods, the grievor shall aclueve satisfactory performance evaluations and not exceed the average absenteeism rate for the London Office of the Frre Marshall. 7 Notwithstandmg the prOVISIOns of paragraph 6, in the event that, at any hme in the first three (3) years followmg remstatement, the gnevor consumes non-prescribed intoxicants during lus hours of work or is found to have alcohol on his breath or is found to be under the mfluence of an mtoxIcant or IS determmed to be neglectful in his duty, this shall result m his rmmediate dISmISsal. 8 Any contraventIon of any terms of this settlement shall result in the immediate dISmissal of the grievor 9 The Union and the grievor agree to withdraw the above-noted grievance 10 The parties agree that tlus Memorandum of Settlement shall be made an order of the Gnevance Settlement Board. Dated thiS 26th day of September, 1995 K6YvL ~ tJ Jv4 ~ ~{ '~ ',,-, ' \ \ ' For the Gnevor (.!or the Union For the Ministry \ /