GSB#2012-3349

UNION#2012-0532-0073

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (K)

Union

• and -

The Crown in Right of Ontario (Ministry of Training, Colleges and Universities)

Employer

BEFORE

Janice Johnston

Vice-Chair

FOR THE UNION

Jane Letton Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Caroline Cohen Treasury Board Secretariat Legal Services Branch Counsel

HEARING

March 13, 2015

Decision

1This is a discharge case for innocent absenteeism.

2After having carefully considered the submissions of the parties I hereby declare and direct the following:

1. Counsel for the union has undertaken to ensure that the grievor’s mother and a friend of the grievor is made aware of the situation facing the grievor. This shall occur on or before the end of business day on Tuesday, March 17th.

2. The grievor is to contact and commence to attend Narcotics Anonymous at a location of his choice next week. He shall have the appropriate person speak to counsel for the union to confirm that he is doing so.

3. Counsel for the union shall assist the grievor in obtaining the appropriate referral from his family doctor to enable him to enroll in a minimum three week residential program at a treatment facility of his choice. Once the referral has been obtained and the grievor’s application to attend the program has been submitted, union counsel will advise counsel for the employer of this fact. The referral and application process will be completed on or before April 15, 2015. In the event there is a delay a conference call may be held if necessary to address the consequences of the delay.

4. The grievor shall be enrolled no later than June 1, 2015 in a minimum three week residential treatment program.

5. At the conclusion of the residential portion of the grievor’s treatment counsel for the union shall obtain a report from the treating physician outlining the progress of the grievor and the recommended continued treatment. At that point the parties shall discuss what should occur next in terms of this arbitration process and if unable to agree a conference call will be scheduled in an expeditious fashion.

6. Should the grievor fail to comply with any of the steps outlined above the arbitration shall proceed based on the evidence to date.