GSB# 2003-3146

UNION# 2003-0219-0002

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Sears)

Grievor

• and -

The Crown in Right of Ontario (Ministry of Finance)

Employer

BEFORE

Bram Herlich

Vice-Chair

FOR THE UNION

Stephen Giles Grievance Officer Ontario Public Service Employees Union

FOR THE EMPLOYER

Dieter Hogaboam Labour Relations Consultant Ministry of Finance

HEARING

September 22, 2004.

Decision

The grievor in this case claims that the employer has failed in its obligation to accommodate her disability.

The employer, while not necessarily disputing the existence of a legitimate medically supported disability, disputes that its obligation to accommodate, if any, extends as far as the union claims.

The matter was dealt with through the Mediation/Arbitration Procedure contemplated by Article 22.16 of the collective agreement.

The parties agreed that, having heard their submissions in that regard, I issue an interim ruling and that, in the interests of expedition, I issue my decision without reasons. Of course, as contemplated by Article 22.16.7 of the collective agreement, this decision, beyond its immediate impact on the parties, has no precedential value.

The employer is hereby directed to conduct on OPS-wide search to identify currently vacant positions potentially suitable to the grievor’s qualifications and experience as well as any such positions which may become available between now and February 7, 2005.

The grievor and the union are to be advised of the results of the search.

This search will be restricted to positions within 40 kilometres of Scotland, Ontario and to positions otherwise within the restrictions set out by Dr. Scholten in letters dated February 21, 2003 and April 3, 2003.

The hearing in this matter will continue before me on February 7 and 8, 2005.

My interim order in this matter is made without prejudice to any position either party may take when the hearing in this matter reconvenes.

Dated at Toronto this 28^th day of September 2004.