GSB# 1232/00
UNION# 00E898
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Pagetto)
Grievor
- and -
The Crown in Right of Ontario (Ministry of Public Safety and Security)
Employer
BEFORE
Daniel Harris
Vice-Chair
FOR THE UNION
Mr. Ed Holmes Ryder Wright Blair & Doyle Barristers and Solicitors
FOR THE EMPLOYER
Mr. Greg Gledhill Staff Relations Officer Ministry of Public Safety and Security
TELEPHONE CONFERENCE CALL
July 2, 2003.
ORDER
This Order is made pursuant to Minutes of Settlement dated November 13, 2000. The parties agreed that I remain seised. The Union says that the Employer is in breach of the following paragraph:
- The Employer agrees to accommodate the Grievor by assigning him to the A + D shift schedule performing the duties of the shift, subject to his medical restrictions. However, working only the day shift for a period of not less than 12 months, it being understood that the proper accommodation of the Grievor’s disability is a continuous obligation of the parties and the Grievor.
The Union was instructed by the Grievor late last year that he believed the Employer was in breach of the agreement. It is agreed that the Union set out its concerns to the Employer in correspondence dated March 19, March 24 and April 22, 2003. That correspondence went unanswered.
By correspondence to the Board dated May 15, 2003, the Union requested a hearing. On June 13, 2002 the Board scheduled a hearing for July 9, 2003. The Employer now seeks an adjournment of that hearing date. Apparently there are no lawyers available to represent the Ministry and the most knowledgeable management advisor is on vacation.
The Union resists the Employer’s request for an adjournment because the Grievor is scheduled for surgery soon and needs his work assignment clarified.
Having heard the submissions of the parties, I hereby order that the hearing of July 9 is adjourned on the following terms:
1.) The grievor is forthwith to be assigned to the A + D shift schedule;
2.) The grievor is to perform the duties of the A + D shift, subject to his medical restrictions, if any;
3.) These terms are to be adhered to until varied or vacated by me or the parties agree otherwise.
Dated at Toronto this 4th day of July, 2003