Ontario Public Service Employees Union (Lamothe) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2009 CanLII 66571

GSB#2007-1396, 2007-1397, 2007-1399

UNION#2007-0248-0135, 2007-0248-0136, 2007-0248-0138

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Lamothe)

Union

• and -

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

BEFORE

Richard Brown

Vice-Chair

FOR THE UNION

John Brewin Ryder Wright Blair and Holmes LLP Barristers and Solicitors

FOR THE EMPLOYER

Peter Dailleboust Ministry of Government Services Counsel

CONFERENCE CALL

October 15, 2009.

DECISION

1A teleconference was held on October 15, 2009. After hearing submissions from the parties, including agreement that I have jurisdiction in this matter, I hereby order:

1. The Employer will place the grievor Dan Lamothe forthwith on full salary at his current rate of pay as a Youth Services Worker in the Ministry of Child and Youth Services pending his appointment as a Transportation Officer 2 with the Ministry of Transportation;

2. The grievor will be obliged to accept any reasonable work assignment until the MTO appointment takes effect;

3. I will remain seized should the parties disagree about the implementation of the above including whether or not a proposed assignment is reasonable; and

4. This order is not intended to limit in any way the position of the parties on matters arising from the Memorandum of Settlement dated August 27, 2008 including matters that will be brought before me on November 5, 2009.