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HomeMy WebLinkAbout2008-2424.Gordon.10-03-19 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#2008-2424 UNION#2007-0368-0210 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Gordon) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFOREVice-Chair Barry Stephens FOR THE UNION Scott Andrews, Frank Inglis Grievance Officers Ontario Public Service Employees Union FOR THE EMPLOYER Gary Wylie, Laura McCready, Bart Nowak Staff Relations Officers Ministry of Community Safety and Correctional Services HEARINGMarch 4, 2010. - 2 - Decision [1]The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not necessary to reproduce the entire Protocol here. Suffice it to say that the parties have agreed to a ?True Mediation-Arbitration? process, wherein each provides the Vice-Chair with submissions, which include the facts and authorities each relies upon. This decision is issued in accordance with the Protocol and with Article 22.16 of the collective agreement, and is without prejudice or precedent. [2]The grievance alleges that the employer failed to properly accommodate the grievor with respect to personal issues that involved her ability to work with a co-worker. The failure to accommodate is alleged to have occurred with respect to a request that the grievor be temporarily transferred to another institution, and with respect to whether the employer made appropriate accommodations when the employee returned to work at CECC after a period of sick leave. [3]The employer alleges that the grievor made the decision not to pursue re-assignment to another institution. In addition, the employer challenges the grievor?s assertions that the working arrangements were not adequate to her needs when she return to work at TEDC. [4]There are two areas of conflicting evidence that I could not resolve in the medarb process. First, the grievor and the employer do not agree on the reasons why efforts to have the grievor transferred temporarily were discontinued. Second, the grievor and the employer do not agree on the adequacy of the arrangements made for the grievor?s return to work. In my view, this matter should be set down for hearing under the Expedited - 3 - Arbitration process set out under Paragraph 7.3 of the Protocol, at a date to be arranged by the parties. [5]Under the protocol, I remain seized with this matter. th Dated at Toronto this 19 day of March 2010. Barry Stephens, Vice-Chair