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HomeMy WebLinkAbout2008-3753.Louis.10-01-29 Decision Commission de Crown Employees Grievance règlement des griefs Settlement 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#2008-3753 UNION#2008-0502-0019 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Louis) Union - and - The Crown in Right of Ontario (Ministry of Transportation) Employer BEFOREVice-Chair Daniel Harris FOR THE UNION Mark Barclay Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Kevin Wilson Ministry of Transportation Employee Relations Adviser HEARING January 29, 2010. - 2 - Decision [1]This matter came on for mediation/arbitration on January 29, 2010. Having heard the submissions of the parties, the Board orders as follows: 1.The parties shall place the Grievor in the corporate health reassignment process in accordance with the Collective Agreement, related OPS policies, programs and directives. 2.Recognizing the search for a permanent assignment may take some time, in the interim the Employer shall conduct a search to place the Grievor in a 5 month / 29 days temporary assignment by March 5, 2010 that is a reasonable accommodation which meets the Grievor?s restrictions as indicated in the medical note from Dr. Amir Barsoum dated January 8, 2010. 3.For clarity, the Grievor shall not have the option to refuse the permanent or temporary assignment mentioned above, provided the assignments are made in accordance with paragraphs 1 and 2 above. 4.If the Employer has not found and placed the Grievor in either the permanent or temporary assignment by March 5, 2010, the Grievor will be placed on a leave of absence with full pay at her current salary commencing March 8, 2010 until she is placed in the permanent or temporary assignment, or May 1, 2010, whichever comes first. 5.This order is made pursuant to a mediation/arbitration and is without precedence pursuant to Article 22.16.7. - 3 - 6.I remain seized and the parties may request a teleconference with the GSB as necessary to deal with implementation. th Dated at Toronto this 29 day of January 2010. Daniel Harris, Vice-Chair