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HomeMy WebLinkAbout1978-0161.Brown.85-10-25IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD Between: Before: R. L. Verity, Q.C. Vice-Chairman I. J. Thomson Member G. J. Mikiey Member For the Crievor: M. I. Rotman Counsel Rotman, Zagdanski Barristers & Solicitors For the Employer: R. Younger Staff Relations Advisor Staff Relations/Safety ~Ministry of the Enviornment Hearing: September 19, 1985 OPSEU (Margaret Brown) and Crievor . The Crown in Right of Ontario (Ministry of the Environment) Employer bene f 1979 . its and had not been actively employed since October 10, Following the Parties' representations, the Board rejected the Union's request for an adjournment sine die but did grant the adjournment upon the following terms and - 2 - ORDER In this matter, two separate Grievances were filed by Margaret Brown dating back tog 1978. Counsel for the Griever withdrew the Grievance dated August 2, 1978 (File #161/78), upon the written instructions of the Grievor. The second Grievance dated November 1, 1978 (File #15/79) alleges an improper performance appraisal on October 2, 1978, contrary to Section 17(2)(b) (as it then was) of the Crown Employees Collective Bargaining Act. At the outset, Mr. Rotman requested an adjournment sine die as a result of the fact that the Grievor was presently under physicians' treatment for medical and emotional reasons and was unable to attend the Hearing. The Employer opposed the adj0urn.men.t on the basis that the Grievance was of long stand- ing and that an adjournment would result in further delay. The Board was advised that Mrs. Brown was on long term disability ’ ,t ,I-; - 3 - conditions: i- l. The Grievance of Margaret Brown filed August 2, 1978 (File #161/781 is hereby withdrawn. 2. The Appraisal Grievance of Margaret Brown filed Novem~ber 1, '1978 (File 815/79) is adjourned as a result of the Griever's illness and shall be rescheduled for hear- ing by the Registrar of the Grievance Settlem.ent Board during the month of April, 1986. 3. The Union shall provide the Employer forthwith with full particular's of the r allegations of bias in the Appraisal Crie- vance dated October 2, 1978. 4. In the event that the Griever is unable to proceed at'the rescheduled Grievance Settlement Board Hearing in April, 1986 because.of continuing medical reasons, the Board shall be provided with a medical certificate prepared by a duly qualified medical practitioner, which details the Gr DA :.vor's med ical condition. - 4 - ED at Br .antford, Ontario, this 25th day of October, 1985. R. L. Verity, Q.C. - Vice-Chairman +/II. Thomson - Member a 14Ly G. 3. Milley - Member