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HomeMy WebLinkAbout2005-1424.Gregoire.06-03-14 Decision Crown Employees Commission de Nj 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# 2005-1424 2005-2223 UNION# 2005-0410-0001 2005-0410-0002 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (GregOIre) Union - and - The Crown In RIght of Ontano (Mimstry of Commumty and SocIal ServIces) Employer BEFORE Deborah J D LeIghton Vice-Chair FOR THE UNION Peggy SmIth ElIot, SmIth BarrIsters and SOlICItorS FOR THE EMPLOYER DIane GIllIes Counsel Mimstry of Government ServIces HEARING March 1 2006 2 DeCISIon Mr John GregOIre, an Income Support Clerk wIth the Mimstry ofCommumty and SocIal ServIces, gneves that the employer has not Implemented a Memorandum of Settlement (MOS) sIgned by the partIes on May 11 2005 Paragraph seven of those mInutes provIde that I am seIzed of any Issues ansIng out the ImplementatIOn of the settlement. Thus thIS matter proceeded before me In Ottawa on March 1 2006 The exhIbIts were entered by agreement of the partIes There were no Issues of fact. After heanng the submIssIOns of the partIes I made an oral rulIng. ThIS decIsIOn IS therefore a wntten record of the oral order made on March 1 2006 In May 2005 the gnevor was seekIng a settlement that would set out a process that would assIst In the accommodatIOn In hIS present posItIOn and for traInIng for the Customer ServIce RepresentatIve (CSR) posItIOn. The MOS sIgned In May 2005 set up a seven-step process to that end. The first step In the process provIdes 1 The gnevor agrees to undergo an Independent medIcal/health eXamInatIOn by a qualIfied physIcIan of the partIes' chOIce and agrees to provIde a release of InfOrmatIOn to the employer respectIng the prognosIs revealed by thIS medIcal/health eXamInatIOn. When the gnevor subsequently receIved the "release" form from the employer he raised two obJectIOns Mr GregOIre was concerned that ManulIfe was to act as a facIlItator In settIng up the appoIntment wIth the proposed medIcal experts He was also concerned about the broad language of the release of hIS medIcal InformatIOn. Thus he refused to sIgn the release and the process agreed to under the settlement was stymIed. Without the Independent MedIcal EXamInatIOn (IME) the Employer could not take the next step In the settlement. Union's Submission Peggy SmIth submItted that the gnevor was seekIng dIrectIOn from the board as to how to satIsfy the first step of the settlement, gIven the concerns he IdentIfied. Ms SmIth noted that the umon's posItIOn was that untIl the first step of the settlement IS achIeved, that IS the IME, the partIes cannot deal wIth the other provIsIOns of the MOS The umon sought an order from the 3 board that the gnevor be permItted to seek a referral from hIS famIly physIcIan to the Mood DIsorders Program at the Royal Ottawa HospItal, where he was assessed In 2000 The umon agreed that the gnevor's current "Job spec" and a CSR "Job spec" should be forwarded wIth the request for the doctor's assessment. The umon also sought an order that the partIes be reqUIred to reconvene before the board after the IME has been forwarded to the employer representatIve The Employer's Submission Counsel for the employer DIane GIllIes, stated that the Mimstry wanted the gnevor to go forward wIth the IME and the employer was wIllIng to assIst the gnevor In that goal ManulIfe were actIng only as a facIlItator to set up the IME and would not have receIved any of the gnevor's medIcal InformatIOn. That said the Mimstry was content to forego that process for one that would make the gnevor comfortable Thus the Mimstry agreed to the proposal that the gnevor seek a referral from hIS famIly doctor to a specIalIst at the Royal Ottawa HospItal for the IME If thIS IS not possIble for some reason then the Employer submItted that It would provIde a lIst of psychologIsts, expenenced In provIdIng accommodatIOn plans, so that the gnevor mIght select one The Mimstry also reserved the nght to ask for further InformatIOn on appropnate accommodatIOn for the gnevor If the IME by the doctor at the Royal Ottawa was not clear or sufficIent. The Mimstry reIterated ItS agreement, noted In the MOS that Mr GregOIre wIll be provIded wIth a one-day leave of absence wIth pay In order to attend the IME Ms GIllIes confirmed that the Mimstry would recompense the umon for the account of the Royal Ottawa HospItal, should It be rendered. 4 Order GIven the submIssIOns thIS board made the folloWIng order orally on March 1 2006 The gnevor seeks accommodatIOn In hIS current posItIOn and In order to get the traInIng necessary to obtaIn a promotIOn to the CSR posItIOn. Both partIes recogmze that the first step In that accommodatIOn process IS the IME, as agreed to In the MOS of May 11 2005 Thus, the gnevor's request to seek a referral from hIS famIly doctor to the Royal Ottawa IS hereby granted. Should that process fall the gnevor IS hereby ordered to cooperate wIth the employer In the selectIOn of a sUItable medIcal expert to do the IME ThIS selectIOn process shall not use ManulIfe as a facIlItator and the release of InformatIOn form shall be revIewed and approved by the umon and the gnevor before the gnevor sIgns It. The umon acknowledged after the oral order that should the Royal Ottawa IME proceed, the medIcal report would be sent to the umon, and It would forward the report, In full, to the employer With regard to the umon's request for an order requmng the partIes to reconvene after receIpt of the IME, I declIned to make thIS order on the grounds that the partIes may be able wIth the InformatIOn to go forward Independently wIth an accommodatIOn plan. Should further Issues anse eIther party may ask for the board to reconvene as I am seIzed of the MOS of May 11th 2005 and of any Issues that may anse out of the ImplementatIOn of thIS order Dated at Toronto thIS 14th day of March 2006 ~~\Jj.~ _ ~:.o... De ... . '- .ht.. . ,.. Vice-. "air '..