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HomeMy WebLinkAbout2015-1908.Manna et al.18-04-19 DecisionCrown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 Téléc. : (416) 326-1396 GSB# 2015-1908 UNION# 2015-5112-0176 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Manna et al) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Reva Devins Arbitrator FOR THE UNION Ed Holmes Ryder Wright Blair & Holmes LLP Counsel FOR THE EMPLOYER Susan Munn Treasury Board Secretariat Legal Services Branch Counsel HEARING April 9, 2018 -2- DECISION [1] The parties have agreed to proceed by expedited mediation/arbitration pursuant to Article 22.16 of the Collective Agreement. Arbitration decisions issued in accordance with Article 22.16 are without reasons and without prejudice or precedent. [2] The parties provided me with their submissions, including the facts, arguments and authorities they relied upon. The Employer further agreed that, for the purposes of this grievance only, they are not disputing that they violated the Collective Agreement. Therefore, the sole issue before me was the question of what remedy was appropriate with respect to that violation. [3] Having considered the submissions of the parties, the evidence and case law submitted to me, I have determined that the Employer should pay damages of $350 to every Grievor who had an asterisk beside their name who was being medically accommodated. For clarity, no damages are owed to individuals who did not have an asterisk beside their name on any of the documents at issue or who were not on an active accommodation plan for some period of time that corresponds with the period when an asterisk was attached to their name. [4] I will remain seized in the event that an issue arises with respect to the interpretation, application or implementation of this decision. Dated at Toronto, Ontario this 19th day of April, 2018. “Reva Devins” ________________________ Reva Devins, Arbitrator