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HomeMy WebLinkAbout2001-1523.Douglas et al.02-10-29 Order ~~~ o@~o EA1PLOYES DE L4 COURONNE _Wi iii~~~i~T DE L ONTARIO COMMISSION DE REGLEMENT "IIIl__1I'" BOARD DES GRIEFS Ontario 180 DUNDAS STREET WEST SUITE 600 TORONTO ON M5G 128 TELEPHONElTELEPHONE. (416) 326-1388 180 RUE DUNDAS OUEST BUREAU 600 TORONTO (ON) M5G 128 FACSIMILE/TELECOPIE. (416) 326-1396 GSB#1523/01 1536/01 1612/01 1306/02 UNION# 02A096 02A098 02A099 02AI00 02C003 02C004 02C005 02D203 02D207 02D208 02D209 02D210 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Douglas et al ) Grievor -and- The Crown m RIght of Ontano (Mimstry of CorrectIOnal ServIces) Employer BEFORE Richard Brown Vice-Chair FOR THE UNION Enc O'Bnen Gnevance Officer Ontano PublIc ServIce Employees Umon FOR THE EMPLOYER Andrea KupreJ anov Staff RelatIOns Officer Mimstry of the SOlICItor General HEARING July 25 2002 2 ORDER As a result of much tIme and effort devoted to makmg the medIatIOn process work, the mmIstry and the umon have resolved twenty-two dIscIphnary gnevances, some of them mvolvmg complex Issues of fact and law ThIS award, Issued at the request of the partIes, embodIes theIr settlement Whereas the employees listed In Appendix "A" (the "Grlevors") filed grievances alleging unjust discipline which was Issued by the Employer In response to certain e-mail communications and postlngs to the webslte "The Rap Sheet," And whereas the Employer, the Union, and the grlevors affirm their shared Interest In bUilding positive and mutually respectful working relationships, and their Interest In fostering frank and Informed discussion of workplace and professional Issues, such as service delivery, workload, and technological change, And whereas the Employer, the Union and the grlevors now wish to resolve all outstanding Issues arising from these matters, the Parties hereby agree to a full and final settlement of the grievances listed In Appendix "A," without prejudice or precedent, on the following terms 1 The Employer will rescind all discipline and letters of counsel Issued to the grlevors listed In Appendix "A," In respect of e-mail communications and postlngs to The Rap Sheet, and will reissue discipline to the five grlevors as listed In Appendices "B" through "F " 2 The Employer agrees that the salary adjustments required under paragraph 1 Will be made as soon as practical, and no later than October 15,2002 3 In recognition of the unique context of the discipline noted In paragraph 1, and In consideration of the ongoing efforts of local managers, employees, and local Union representatives to bUild positive and mutually respectful working relationships which foster frank and Informed discussion of workplace and professional Issues, the Employer agrees that the discipline listed In Appendices C, D and F Will be removed from the listed grlevors' record/files after a period of nine months from the effective dates, as listed In the Appendices, provided that discipline for substantially similar misconduct IS not Issued to the listed grlevors within that period, with just cause 3 4 The discipline listed In Appendix B will be removed from the grlevor's record/files after a period of nine months from the date of the signing of thiS settlement, provided that discipline for substantially similar misconduct IS not Issued to the listed grlevor within that period, with Just cause 5 The discipline listed In Appendix E will be removed from the grlevors' record/files after a period of SIX months from the effective date, as listed In the Appendix, In recognition of additional mitigating factors, and provided that discipline for substantially similar misconduct IS not Issued to the listed grlevor within that period, with Just cause 6 In further recognition of the special circumstances of these grievances, the Union and the Employer agree that thiS Memorandum will be the record of the discipline under paragraph 1, and will be kept In a sealed confidential envelope In the local personnel file for each grlevor listed In Appendices B through F, until the expiry of the periods under paragraphs 3-5 Any other document refernng to the events giving rise to the discipline, or these grievances, Will be expunged It IS understood that the Employer shall retain the necessary documentation related to or giving rise to the discipline until the expiry of the periods In paragraphs 3-5 7 Except as provided under paragraph 1, the Employer confirms that no further discipline Will be Issued to the grlevors for conduct prior to the date of thiS settlement Involving e-mail communications, communications with the media, and postlngs to The Rap Sheet. 8 The Employer agrees that, upon request and at a time which IS mutually agreeable, any of the grlevors may review his or her personnel file with the assistance of a union representative, In the presence of a manager and dUring working hours, In order to confirm fulfilment of any of the terms of thiS Memorandum 9 The grievances listed In Appendix "A" are resolved for all purposes 10 For greater clarity, the Employer, the Union and the grlevors confirm that the grievances are now resolved, and there shall be no ongoing consequences, reprisals, or consideration of the allegations or actions which gave rise to the discipline and to the grievances, except within the context of further discipline for substantially similar misconduct, with Just cause, that occurs while the discipline remains on the grlevors' record/files The Employer may rely on the fact that the Ministry poliCies respecting Internet, Intranet, and e-mail use were delivered to the grlevors 11 Vice-Chair Brown Will remain seized of any Issues arising from the Implementation and Interpretation of thiS Memorandum 4 12 The Parties agree to request the GSB to Issue this Memorandum of Agreement, not Including Appendices B through F, as an order of the Board Dated at Toronto this 29th day of October 2002 Richard Brown Vice-Chair 5 Appendix "A" Grievor Date of Grievance OPSEU # Gordon Longhi February 12, 2002 Robert Curran January 3, 2002 02D203 Georges SiroiS February 18, 2002 Paul Daoust February 14, 2002 Barb Friday December 12,2001 02A098 1 536/01 December 12,2001 02A099 1 536/01 December 12,2001 02A 1 00 1 536/01 December 12,2001 02C003 1612/01 December 12,2001 02C004 1612/01 December 12,2001 02C005 1612/01 SylVie BOisvert-Turner November 27,2001 02D210 Sonia Bourdeau November 27,2001 02D207 Eric Douglas January 3, 2002 02A096 1523/01 Reta Gotthardt December 22,2001 Kathy Hoffman January 8, 2002 Clair Lemoine January 9, 2002 Joseph Llmarllll November 27,2001 02D209 Suzette Martin December 10,2001 Linda McDonnell January 17, 2001 Catherine Meunier December 22,2001 Elizabeth Portolese November 27,2001 02D208 Catherine Shane January 3, 2002