HomeMy WebLinkAbout2003-1188.Wilkins.04-02-11 Order
Crown Employees Commission de ~~
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
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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# 2003-1188
UNION# 2003-0126-0003
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(WilkIns) Grievor
- and -
The Crown In RIght of Ontano
(Mimstry of Commumty, FamIly and ChIldren's ServIces) Employer
BEFORE Loretta Mikus Vice-Chair
FOR THE UNION John BrewIn
Ryder Wnght Blair & Doyle
Barnsters and SOlICItorS
FOR THE EMPLOYER Lucy McSweeney
Counsel
Management Board Secretanat
HEARING December 19 2003
2
Board Order
Background
WHEREAS the Gnevor was employed at Southwest RegIOnal Centre ("SWRC") In the
posItIOn of Developmental ServIce Worker She had been employed at Southwest RegIOnal
SInce March 19 1979
AND WHEREAS on June 9 2003 the Gnevor was dIsmIssed for cause based on allegatIOns
of verbal and physIcal abuse of a resIdent of SWRC named K.W
AND WHEREAS on June 12,2003 OPSEU filed a gnevance of the dIsmIssal (OPSEU
Gnevance # 2003-0126-0003) on behalf of the Gnevor whIch was gIven GSB File No
2003-1188
AND WHEREAS on December 19 2003 the partIes negotIated terms of settlement and
agreed that the settlement should be made an Order of the Board,
THE BOARD THEREFORE ISSUES A CONSENT ORDER AS FOLLOWS
1 The Employer wIll rescInd ItS letter of dIsmIssal to the Gnevor and wIll SubstItute a letter
ImpOSIng a one month suspenSIOn. The Gnevor wIll be provIded wIth a copy of the new
letter
2 The Gnevor wIll provIde to Terry Monk, AdmInIstrator SWRC a typed and sIgned letter
by January 5 2004 The letter wIll state as follows
'On December 7 2002 I took KW to the Chatham Kent Health Alliance for a serious cut to her
finger I was accompanied by KC
After a long delay a doctor conducted a procedure in the Emergency Room to reattach her finger
K C and I were asked to assist in restraining K W during the procedure. For much of the time she
was very agitated.
I acknowledge that I called her a little faggot" during the procedure, an action I deeply regret.
This language was completely inappropriate. I acknowledge that this language did not respect
KW s dignity and was contrary to the Ministry s Standards of Conduct.
During my effort to physically restrain KW I used actions which I understand the nurses present
interpreted as improper restraint to the neck area and as slapping K W I was not aware that my
actions towards her could have been interpreted that way I certainly did not intend to hurt her If I
did use excessive force to restrain her, I regret it. Such action would be contrary to the Ministry s
Standards of Conduct.
I acknowledge that I made a mistake when I denied using the tenn little faggot in my meetings
with you on May 6 and June 3 2003 I apologize for that. I understand and acknowledge that my
response was misleading, as was my failure to recall the physical actions that led to the
complaints.
3
I regret any embarrassment I have caused the Centre.
3 The Employer wIll reInstate the Gnevor to the posItIOn of Helper Food ServIce at SWRC
effectIve January 5 2004 The Gnevor wIll be placed at the maXImum of the salary
range ($17 67/hour - class code 50230)
4 The Gnevor wIll partIcIpate In WDHP/sensItIvIty/human nghts traInIng to be arranged by
the Employer Such traInIng wIll be paid for by the Employer and wIll take place on the
Employer's tIme
5 The Gnevor IS prohIbIted from seekIng or acceptIng any employment wIthIn the Ontano
PublIc ServIce In whIch the job dutIes reqUIre dIrect contact wIth and responsIbIlIty for
dIsabled, elderly or chIld/youth clIents
6 If surplussed In her new posItIOn, the Gnevor wIll have the nght to dIsplace Into any
OPSEU class senes wIthIn SWRC that she IS qualIfied for and at a salary level closest to
but not greater than the maXImum salary of the surplussed posItIOn.
7 The penod from July 7 2003 to January 4 2004 InclUSIVe wIll be charactenzed as a leave
of absence wIthout pay pursuant to ArtIcle 24 1 of the collectIve agreement.
8 No funds are OWIng to the Gnevor In respect of the penod between her dIsmIssal and
reInstatement. The Employer wIll, however forthwIth credIt to the Gnevor 13 vacatIOn
days
9 All partIes agree that, wIth the Issuance of thIS consent order the gnevance IS resolved.
10 The Gnevance Settlement Board (Vice Chair Mikus) remaInS seIzed wIth respect to the
ImplementatIOn and InterpretatIOn of thIS order
Dated at To~onto thIS 11th day of February 2004