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HomeMy WebLinkAbout1999-1723.Union.00-02-04 Decision o NTARW EMPU) YES DE LA COURONNE CROW"! EMPLOYEES DE L '()NTARW GRIEVANCE COMMISSION DE -- SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST SUITE 600 TORONTO ON M5G 128 TELEPHONElTELEPHONE, (416) 326-1388 180 RUE DUNDAS OUEST BUREAU 600 TORONTO (ON) M5G 128 FACSIMILElTELECOPIE. (416) 326-1396 GSB # 1723/99 OPSEU # 00U002 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (PolIc, Gnevance) GIievor - and - The Crown m RIght of Ontano (Mimstn of Health !Harmlton PSYChIatnc HOSpItal) Employer BEFORE RIchard Brown Vice Chair FOR THE DaVId Wnght GRIEVOR Counsel R, der Wnght, Blair & Do, Ie Bamsters & SolICItors FOR THE DaVId Strang EMPLOYER Counsel, Legal SerVIces Branch Management Board Secretanat HEARING Januan 24 2000 2 The partIes have agreed to the Issuance of a consent award, mcorporatmg the terms of the settlement set out below. MINUTES OF SETTLEMENT The partIes agree to followmg terms and condItIOns as settlement of the gnevances filed January 14, 2000 (Hamilton PsychIatnc HospItal) and January 28, 2000 (Brockville PsychIatnc HospItal) 1 WIthm three weeks the employer will provIde the Umon wIth edIted verSIOns of the agreements between the Crown and St. Joseph's HOSpItal and Royal Ottawa Health Care Group wIth the followmg edItonal changes (a) delete artIcle 4 02 from the Hamilton agreement; (b) define semonty and servIce to each mean both semonty and servIce wherever they appear m the agreements, 2 In settlement of those portIOns of the two gnevances relatmg to the transfer of files pursuant to ArtIcle 20 of the Transfer Agreements, the partIes agree 1) defimtIOn. "days" means Monday to Fnday excludmg statutory or mstItutIOnal holIdays, 2) personnel files a) wIthm 60 days of the sIgmng of thIS agreement i) any employee who wIshes to do so will, wIthm the first 15 days after the sIgmng of thIS agreement gIve wntten notIce to the Human Resources Department at the psychIatnc hospItal of theIr desIre to VIew theIr personnel file, Ii) the employer shall arrange an appomtment to allow the employee to reVIew the file wIth a human resources 3 representatIve and, If requested by the employee, a UnIon representatIve, ni) the employee shall IdentIfy any document they wIsh to have removed from the file and such request shall be dIscussed. b) failmg resolutIOn of any Issue, the employee will have seven days to delIver a wntten ObjectIOn and the employer shall delIver a response wIthm 15 days c) Failmg resolutIOn of the Issue at that stage, the matter will be referred to a mediatIOn/arbItratIOn WhICh shall be conducted m accordance wIth AppendIx 18, ArtIcle 42(f) to (k) The mediator/arbItrator shall be RIchard Brown, provIded he IS reasonably available and, If not, the process under 42(9) shall be utilIzed. 3) WSIB files a) all WSIB documents relatmg to employees m the possessIOn of the employer shall be consolIdated m smgle employee WSIB files WhICh shall remam the property and m posseSSIOn of the MInIStry of Health and shall not be transferred. 4) EMPLOYEE HEALTH FILES a) Any medIcal documents IdentIfied by an employee m theIr personnel file shall be moved to theIr employee health file, except WSIB documents, WhICh will be moved to the WSIB file, b) Employee health files shall remam m the custody of a regulated health professIOnal (wIth responsibilIty for employee health) employed by the MInIStry, who shall keep the file confidential, subject only to the wntten consent of the relevant employee, c) Employees have the nght to reVIew theIr employee health file and request the removal or correctIOn of any document on the 4 file The employer will accept the decIsIOn of the regulated health professIOnal wIth custody of the file on the employee's request; d) The only medIcal documents WhICh will be transferred will be those documents m the employee health files, WhICh will only be transferred to the custody of a regulated health professIOnal wIth responsibilIty for employee health, employed by the receIvmg employer 5) The partIes agree that m the event It becomes apparent that transfer of governance wIll occur before thIS process can be completed, eIther party may apply to the arbItrator for adjustment of the tIme frames so as to permIt an orderly completIOn of the process pnor to the transfer 3 The partIes agree that the edIted agreements WhICh comply wIth paragraph 1 above meet the reqUIrements m AppendIx 18 for a transfer agreement between the Crown and that HospItal save and except that the partIes may bnng any dIsputes about the completeness and accuracy of Schedule A to each agreement before VIce-Chair Brown. 4 That partIes agree that VIce-Chair Brown will remam seIzed wIth respect to these gnevances and wIth respect to any future gnevances relatmg to transfer agreements between the Crown and a publIc hospItal respectmg the transfer of a pSYChiatrIC hospItal 5 The partIes agree to the GSB Issumg a consent order mcorporatmg the terms of thIS Agreement. Dated at Toronto thIS 4th day of February, 2000 If/Jt..--f"~- RIchard Brown, VIce-Chair