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HomeMy WebLinkAbout1997-1552NTINOS98_12_04 ONTARIO EMPLOYES DE LA COURONNE CROWN EMPLOYEES DE L'ONTARIO I 1111 GRIEVANCE COMMISSION DE , SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST SUITE 600, TORONTO ON M5G 1Z8 TELEPHONEITELEPHONE (416) 326-1388 180, RUE DUNDAS OUEST BUREAU 600, TORONTO (ON) M5G 1Z8 FACSIMILEITELECOPIE (416) 326-1396 GSB # 1552/97 OPSED 97F039 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano Public ServIce Employees Druon (Gregory Ntmos) Grievor - and - The Crown m Right of Ontano (Mirustry of TransportatiOn) Employer BEFORE Paula Knopf Vice-ChaIr FOR THE Robm Gordon GRIEVOR GrIevance Officer Ontano PublIc ServIce Employees Druon FOR THE Len Marvy EMPLOYER Counsel, Legal ServIces Branch Management Board Secretanat HEARINGS October 21 and 23, 1998 November 16, 17 and 18, 1998 December 1, 1998 ORDER WHEREAS the Umon has filed a gnevance (the "Gnevance") dated August 15, 1997 on behalf of Gregory Ntmos (the "Gnevor") allegmg a viOlatiOn of artIcles 3 and 9 of the collectIve agreement, AND WHEREAS the parties to the collective agreement agreed to refer Mr Ntmos' gnevance to Vice-Chairperson Paula Knopf pursuant to subsectIon 50( 1) of the Labour RelatlOns Act 1995 and subsectIOn 9(2) of the Crown Employees CollectIve BargaIJ1lng Act, 1993, AND WHEREAS eVidence with respect to thIS matter was heard by Vice- ChaIr Knopf on October 21 and 23, November 16, 17, and 18, and December 1, 1998, AND WHEREAS the parties agreed to proceed wIth the mediatiOn! arbItratiOn process by way of presentmg eVidence through the gnevor, Mr Gregory Ntmos and Cathy Rogers, Manager of OperatIOns Services for the Employer Each person testIfied extensIvely about all the partIculars raised m the gnevance and the th.1rty- mne exhibIts filed By agreement of counsel for the parties, neither WItness was subjected to cross-exammatlOn because of sensitiVities regardmg the gnevor's medIcal condItiOn However, each witness answered questions from the Vice-Chair that were asked to clanfy Issues when necessary AND WHEREAS the parties are not m agreement as to whether the eVIdence discloses a breach of the collectIve agreement, eIther advertent or madvertent, - 2 - AND WHEREAS the parties agreed to proceed by way of a Consent Order; And although the Vice-Chair was advIsed by the gnevor that he does not agree wIth the terms of the Consent Order, the Vice-Chair IS satisfied that such an order represents the "maXImum award m law that could have been granted m the event that all the allegatiOns m the gnevance had been sustamed Further, the Vice-ChaIr commends the parties and their counsel for proceedmg with this complex matter m a way that was both very professIOnal and appropnate m all the circumstances It IS clear that If all the particulars had been litigated by calling the multitude of relevant necessary wItnesses, scores of days of heanng would have been reqUired Judgmg from the difficulties the gnevor expenenced with the medIatlOn!arbltratlOn process I am convmced that prolonged litigatIOn would have been very detnmental to him and could not have possibly resulted m a more generous award Accordmgly, I am confident that the process and result the parties agreed upon were appropnate and Just under all the circumstances AND WHEREAS the parties agree that this Order IS made on a wIthout preJudice or precedent baSIS, AND WHEREAS the Vice-Chair IS satisfied that the eVIdence and the agreement of the parties establish the baSIS for the followmg remedIal order THEREFORE IT IS ORDERED THAT 1 The Employer shall Immediately provide mformatlon and documentation to the Umon establishmg the trammg WhICh has been - 3 - and will be completed by the Bndge Crew from January 1, 1994 to December 31, 1998 2 The ongomg status of the Gnevor as an employee of the Mimstry shall not be affected by this Board Order, however the Board does not guarantee any terms and conditIOns above and beyond those under the collective agreement and/or any Memorandum of Settlement whIch has been or WIll be negotiated between OPSEU and the Employer 3 When and If the Gnevor becomes medically fit to return to work, he shall proVide the Employer with medical eVidence concernmg the same 4 If the Gnevor returns to work, the Employer shall enter mto a Return to Work Protocol (RTWP) with the Umon and the Gnevor The Employer, the Umon, and the Gnevor shall work constructively together to ensure that the Gnevor's remtegratlOn mto the Mimstry's work environment IS fully satisfactory to all parties The R TWP shall mclude a detaJied procedure to fully address any future problems that may be encountered by the Gnevor m his work envIronment The Employer agrees to enter mto the described R TWP barnng any ongomg changes m the Gnevor's employment Identified by way of Memorandum of Settlement between the parties 5 The Employer agrees to pay the Gnevor the all mcluslve lump sum of $25,00000 which constitutes full and final resolutiOn of the gnevance and all outstandmg claims, complamts, nghts, demands or actiOns ansmg out of his employment with the Employer ThIS payment shall - 4 - not be subject to statutory deductions because It does not mclude compensation for lost wages, and shall be paid as follows I General damages $10,00000 11 Out of pocket expenses $15,00000 6 The Board affirms that It IS satisfied that the amount of $15,000 00 IS In compensatIOn for the expenses Incurred by the Gnevor In respect of thiS matter 7 The Gnevance Settlement Board shall remaIn seized with respect to any matter ansmg out of the ImplementatIOn of thiS Order DA TED at Toronto, Ontano, thiS 4th day of December 1998