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HomeMy WebLinkAbout1995-0131.Latimer.03-08-28 Decision Crown Employees Commission de ~~ Grievance Settlement reglement des griefs Board des employes de la Couronne ~-,... Suite 600 Bureau 600 Ontario 180 Dundas Sl. West 180 rue Dundas Ouest Toronto Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tel. (416) 326-1388 Fax (416) 326-1396 Telec. (416) 326-1396 GSB# 0131/95 0132/95 2132/95 UNION# 95A500 95A501 96C063 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (LatImer) Grievor - and - The Crown In RIght of Ontano (Mimstry of CorrectIOnal ServIces) Employer BEFORE Susan D Kaufman Vice-Chair FOR THE UNION Nelson Roland Barnster and SOlICItor FOR THE EMPLOYER Greg GledhIll Staff RelatIOns Officer Mimstry of PublIc Safety and Secunty HEARING August 13 2003 2 FIRST POST -DECISION INTERIM RULING My DecIsIOn on the ments In thIS matter was Issued on May 24 2001 In that DeCISIOn I remaIned seIsed wIth regard to the ImplementatIOn of the orders and dIrectIOns gIven thereIn and wIth regard to the balance of the remedy If the partIes were unable to reach agreement. The partIes have not Implemented a number of the orders and dIrectIOns gIven In that DeCISIOn and have been unable to reach agreement regardIng theIr ImplementatIOn and regardIng the balance of the remedy On August 13 2003 Mr GledhIll, the Employer's representatIve, advIsed that the Employer had requested the Gnevance Settlement Board to convene a heanng, rather than a medIatIOn. Mr Roland, Counsel for the Umon, and Mr GledhIll advIsed that they had agreed to a relatIvely Informal process for that heanng. On August 13 2003 both partIes made Informal oral submIsSIOns In the course of the submIsSIOns on August 13 2003 Mr GledhIll gave certaIn undertakIngs on behalf of the Employer and I made certaIn Intenm orders At the request of the Umon, I set out the undertakIngs and my Intenm orders The Employer undertook to 1 Issue the wntten apologIes dIrected In paragraphs 7 the wntten acknowledgment and apology dIrect In paragraph 8 and the wntten undertakIng dIrected In paragraph 10 of the May 24 2001 DecIsIOn by September 30 2003 (Mr Roland requested that the wntten apologIes, acknowledgment and apology and undertakIng be addressed to the gnevor but that they be sent to hIm Mr GledhIll ImplIcItly undertook to do so ) 2 ProvIde the statement dIrected In paragraph 16 of the DecIsIOn by October 30 2003 3 Comply wIth the dIrectIOn In paragraph 15 of the DecIsIOn by September 30 2003 In the course of submIttIng documents on August 13 2003 the Employer provIded the Umon a blank "Form B FunctIOnal AbIlItIes" form. 3 I ordered the gnevor and/or the Umon to forthwIth provIde Dr P wIth the blank "Form B FunctIOnal AbIlItIes" form and request Dr P to complete It. I order the gnevor and/or the Umon to provIde the completed Form B upon receIpt, to Mr Roland, and Mr Roland IS to provIde It forthWIth, upon receIpt, to Mr GledhIll I order the gnevor to provIde Dr P forthwIth any wntten authonzatIOn he reqUIres In order to provIde the InformatIon requested In Form B I ordered Mr Roland, Counsel for the Umon, to request the gnevor's two medIcal speCIalIsts to provIde hIm, by October 30 2003 theIr IndIVIdual detaIled wntten medIcal OpInIOn of the matters set out In pOInt form at the base of p 221 and the three pOInts at the top of p 222 of the May 24 2001 DeCISIOn. I order the gnevor to provIde her speCIalIsts forthWIth any wntten authonzatIOn they reqUIre to release that InformatIOn to Mr Roland. I ordered Mr Roland to provIde the specIalIst(s)' wntten OpInIOn(s) once receIved, to Mr GledhIll I ordered that Mr Roland and Mr GledhIll are to hold the InformatIOn contaIned In the specIalIst(s)' wntten OpInIOn(s) In stnctest confidence and that the contents of the specIalIst(s)' wntten OpInIOn(s) at thIS pOInt are to be dIsclosed only to me, pendIng the Issuance of a further order or untIl the partIes agree In wntIng to other arrangements I ordered that If one or both of the gnevor's specIalIst(s) are not able to provIde theIr wntten OpInIOn(s) by October 30 2003 Mr Roland IS to request them to provIde a letter or note IndIcatIng the reason(s) they are unable to provIde theIr wntten OpInIOn(s) WIthIn that tIme penod, and to provIde a copy of that letter or note to Mr GledhIll The Umon requested tIme untIl October 30 2003 to consIder and respond to the Employer's August 13 2003 oral submIsSIOns and documentatIOn re quantum. The Employer objected to the length of tIme requested by the Umon. I ordered Mr Roland to respond to the Employer's August 13 2003 submIsSIOns re quantum by October 17 2003 EIther party may request a further heanng regardIng any matter pertaInIng to the ImplementatIOn of the DeCISIOn and the balance of the remedy 4 As stated In the May 24 2001 decIsIOn, I wIll remaIn seIsed wIth respect to all Issues pertaInIng to remedIes, IncludIng whether the gnevor's salary wIll be contInued, and seIsed wIth regard to the orders and dIrectIOns gIven thereIn, and wIth regard to the balance of the remedy If the partIes are unable to reach agreement. I wIll, as well, remaIn seIsed WIth regard to the orders contaIned hereIn. Dated at Toronto Ontano thIS 28th day of August, 2003 .,. .. , . ..