Loading...
HomeMy WebLinkAbout2003-3146.Sears.04-09-28 Decision Crown Employees Commission de ~~ Grievance Settlement reglement des griefs Board des employes de la Couronne ~-,... 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# 2003-3146 UNION# 2003-0219-0002 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Sears) Grievor - and - The Crown In RIght of Ontano (Mimstry of FInance) Employer BEFORE Bram HerlIch Vice-Chair FOR THE UNION Stephen GIles Gnevance Officer Ontano PublIc ServIce Employees Umon FOR THE EMPLOYER DIeter Hogaboam Labour RelatIOns Consultant Mimstry of FInance HEARING September 22, 2004 2 DeCISIon The gnevor In thIS case claims that the employer has faIled In ItS oblIgatIOn to accommodate her dIsabIlIty The employer whIle not necessanly dISputIng the eXIstence of a legItImate medIcally supported dIsabIlIty dIsputes that ItS oblIgatIOn to accommodate If any extends as far as the umon claims The matter was dealt wIth through the MedIatIOn/ArbItratIOn Procedure contemplated by ArtIcle 22 16 of the collectIve agreement. The partIes agreed that, havIng heard theIr submIssIOns In that regard, I Issue an Intenm rulIng and that, In the Interests of expedItIOn, I Issue my decIsIOn wIthout reasons Of course, as contemplated by ArtIcle 22 16 7 of the collectIve agreement, thIS decIsIOn, beyond ItS ImmedIate Impact on the partIes, has no precedentIal value The employer IS hereby dIrected to conduct on OPS-wIde search to IdentIfy currently vacant posItIOns potentIally sUItable to the gnevor's qualIficatIOns and expenence as well as any such posItIOns whIch may become avaIlable between now and February 7 2005 The gnevor and the umon are to be advIsed of the results of the search. ThIS search wIll be restncted to posItIOns WIthIn 40 kIlometres of Scotland, Ontano and to posItIOns otherwIse wIthIn the restnctIOns set out by Dr Scholten In letters dated February 21 2003 and Apnl 3 2003 The heanng In thIS matter wIll contInue before me on February 7 and 8 2005 My Intenm order In thIS matter IS made wIthout preJudIce to any posItIOn eIther party may take when the heanng In thIS matter reconvenes 3 Dated at Toronto thIS 28th day of September 2004 ~ ~L~~~~l: _ . hi.m er ich, Ice-Chairperson