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HomeMy WebLinkAbout2005-0074.Brown.09-03-11 Decision Commission de Crown Employees Grievance Settlement règlement des griefs Board des employés de la Couronne Suite 600 Bureau 600 180 Dundas St. West 180, rue Dundas Ouest Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tél. : (416) 326-1388 Fax (416) 326-1396 Téléc. : (416) 326-1396 GSB#2005-0074, 2005-1975, 2005-2212, 2006-1811, 2006-1980 UNION#2005-0440-0012, 2005-0440-0151, 2005-0440-0156, 2006-0440-0018, 2006-0440-0027 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Brown) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFOREVice-Chair Bram Herlich FOR THE UNION Peggy Smith Barrister and Solicitor FOR THE EMPLOYERJennifer Richards Ministry of Government Services Counsel HEARINGMarch 5, 2009. 2 Decision [1]A hearing in this matter was scheduled to deal with allegations that the terms of a prior settlement between the parties had not been complied with. [2]During the course of the hearing day, the parties executed the following addendum to the prior Memorandum of Settlement: GSB #2005-0074 etc. ADDENDUM TO MEMORANDUM OF SETTLEMENT between ONTARIO PUBLIC SERVICE EMPLOYEES UNION (?the Union?) and THE CROWN IN RIGHT OF ONTARIO as represented by The Ministry of Community Safety and Correctional Services (?the Employer?) and Ms. Cheryl Brown (?the Grievor?) WHEREAS the Parties attended the GSB before Vice Chair Herlich on July 17, 2008. WHEREAS the Parties signed a settlement on July 17, 2008 (?the settlement?) to fully and finally resolve all of the Grievor?s outstanding grievances. WHEREAS the Parties attended the GSB before Vice Chair Herlich on March 5, 2009 to resolve the Grievor?s outstanding issues with respect to the implementation of the settlement. THEREFORE the parties agree to the following terms on a without prejudice or precedent basis as an addendum to the settlement: 1.The Parties agree that, if and when the Grievor returns to work from unpaid leave, she shall return to Brockville Jail. For clarity, the Parties agree that the six (6) month trial period referenced in paragraph 3 and 4 of the settlement, has ended. 2.The Parties agree that as an addendum to paragraph 9 of the settlement, if and when the Grievor returns to work from unpaid leave, she shall contact Steve Ormsby, 3 Deputy Superintendent, Operations if she has any concerns with respect to compliance with the log book entry policy within her area of work when she is on shift. 3.The Parties agree that as an amendment to paragraph 11 of the settlement, the Employer shall redistribute the policy on accommodation related to disability to all Ministry staff at the Brockville Jail. The Employer shall ensure that each officer signs an acknowledgement that they have received and understood the distributed policy. The Employer shall comply with the terms of this paragraph within ninety (90) days of the signing of this settlement. 4.The Parties agree that the settlement remains in full force and effect, subject only to the above-noted amendments. 5.The Parties agree that Vice Chair Herlich shall remain seized with the implementation or interpretation of this addendum. Signed in Kingston, Ontario on March 5, 2009. __________________________ ___________________________ For the Union For the Employer (James Empey) __________________________ The Grievor [3]The parties are hereby directed to comply with the terms of this addendum as well as those of the settlement dated July 17, 2008. th Dated at Toronto this 11 day of March 2009. Bram Herlich, Vice-Chair