GSB#2008-3753
UNION#2008-0502-0019
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Louis)
Union
- and -
The Crown in Right of Ontario (Ministry of Transportation)
Employer
BEFORE
Daniel Harris
Vice-Chair
FOR THE UNION
Mark Barclay Ontario Public Service Employees Union Grievance Officer
FOR THE EMPLOYER
Kevin Wilson Ministry of Transportation Employee Relations Adviser
HEARING
January 29, 2010.
Decision
1This matter came on for mediation/arbitration on January 29, 2010. Having heard the submissions of the parties, the Board orders as follows:
The parties shall place the Grievor in the corporate health reassignment process in accordance with the Collective Agreement, related OPS policies, programs and directives.
Recognizing the search for a permanent assignment may take some time, in the interim the Employer shall conduct a search to place the Grievor in a 5 month / 29 days temporary assignment by March 5, 2010 that is a reasonable accommodation which meets the Grievor’s restrictions as indicated in the medical note from Dr. Amir Barsoum dated January 8, 2010.
For clarity, the Grievor shall not have the option to refuse the permanent or temporary assignment mentioned above, provided the assignments are made in accordance with paragraphs 1 and 2 above.
If the Employer has not found and placed the Grievor in either the permanent or temporary assignment by March 5, 2010, the Grievor will be placed on a leave of absence with full pay at her current salary commencing March 8, 2010 until she is placed in the permanent or temporary assignment, or May 1, 2010, whichever comes first.
This order is made pursuant to a mediation/arbitration and is without precedence pursuant to Article 22.16.7.
I remain seized and the parties may request a teleconference with the GSB as necessary to deal with implementation.
Dated at Toronto this 29th day of January 2010.