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HomeMy WebLinkAbout1998-0983.Taylor.98-11-20 Decision . ONTARIO EMPLOYES DE LA COURONNE CROWN EMPLOYEES DE L'ONTARIO . , 1111 GRIEVANCE COMMISSION DE SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST SUITE 600, TORONTO ON M5G 1Z8 TELEPHONE/TELEPHONE (416) 326-1388 180, RUE DUNDAS OUEST BUREAU 600, TORONTO (ON) M5G 1Z8 FACSIMILE/TELECOPIE (416) 326-139tS GSB # 0983/98 CUPE 1484, # 98-09 . IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN CanadIan Druon ofPubhc Employees Local 1484 (Darryl Taylor) Grievor - and - The Crown m Right of Ontano (porcupme Area Ambulance SefVlce) Employer BEFORE Barry B Fisher Vice-Chair FOR THE Ralph Carnovale GRIEVOR NatIOnal RepresentatIve CanadIan Druon ofPubhc Employees FOR THE James Henderson EMPLOYER Counsel Keyser Mason Ball Bamsters & SoliCItors HEARING November 11, 1998 f r , I Through the med-arb process the partIes reached the followmg agreement, whIch IS hereby made mto an order of the Gnevance Settlement Board. 1 The GrIevor's employment IS remstated effectIve November 11, 1998 WIth no loss of semorIty but no compensatIOn. 2 The Gnevor agrees to recertIfy for the Symptom RelIef and SAED and to obtam that recertIficatIOn by December 31 1998 . .., The Gnevor agrees to be aVailable for work from December 1,1998 untIl Apnl .) 30,1999 as follows a) the Gnevor agrees to be able to work two consecutIve ShIfts per calendar month commencmg December 1, 1998 as long as those ShIftS begm no earlIer than 7 00 a.m. Thursday and end no later than 7 00 p,m Sunday, b) the Employer agrees to prOVIde the GrIevor WIth no less than 21 calendar days' notIce of the shIfts that he IS to work. NotIce shall be proVIded to the Gnevor by fax at (416) 585 2751, or any other number whIch the Gnevor may SubstItute All notIficatIOn under thIS A ward to the Emplover shall be made m wntmg and WIll be faxed to (705) 268 6401 c) UntIl Apnl 30,1999 the Employer IS not oblIgated to offer any ShIftS to the Gnevor, however If the Employer offers ShIftS to the Gnevor whIch the Gnevor accepts, and then the Employer cancels those ShIftS, the Gnevor shall be paid as If he worked the ShIft. 4 ThIS arrangement shall remam m effect up to and mcludmg Apn130, 1999 5 The Gnevor may do a ShIft exchange WIth another employee If, and only If a) It IS at no addItIOnal cost to the Employer; b) the Gnevor proVIdes the Employer WIth 2 weeks' wntten notIce of the details of the proposed SubstItutIOn, c) the Employer approves the SubstItutIOn, whIch approval shall not be unreasonably WIthheld, d) any Issue as to the unreasonableness of the consent shall be determmed by Barry B FIsher m an expedIted process pnor to the proposed date for SubstItutIOn. I I I 6 The partIes agree that should the Gnevor fall to report to work on hIS scheduled shIft, WIthout provId1Og a reasonable explanatIOn satIsfactory to the Employer he shall be deemed to have resIgned hIS employment. 7 In the event that a dIspute anses WIth respect to the reasonableness of the explanatIOn, the matter shall be referred to Mr Fisher, who shall only be seIzed to determ10e whether or not the explanatIOn was reasonable. The partIes agree that Mr FIsher does not have the nght to amend or modIfy the "deemed reSIgnatIOn" proVISIOn 10 the aforementIOned paragraph. /' ",u u... p Dated thIS 1-3tlf d of November 1998 at Toronto ~