GSB#2012-4503, 2013-3461

UNION#2013-0629-0001, 2013-0629-0009

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Lacroix)

Union

• and -

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

Employer

BEFORE

David R. Williamson

Vice-Chair

FOR THE UNION

Yuk-Sem Won Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Ann Fowler Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor

CONFERENCE CALL

October 28, 2015

Decision

1A conference call was held at the request of the Parties to address a matter arising out of the implementation of the Minutes of Settlement entered into by the Parties on June 2, 2015.

2The Parties advised they had reached an impasse in putting into effect the provisions of paragraph 6 of the afore-mentioned Minutes of Settlement. In part, this paragraph provides that the Employer agrees to provide the Grievor with a mutually agreeable reclining chair for use in the workplace to assist in accommodating the Grievor’s medical condition.

3The Parties disclosed during the course of the conference call that they had not been able to mutually agree on the selection of an appropriate reclining chair.

4The Parties in turn put forward their positions and views to the under-signed Vice-Chair and requested that a Decision be provided by the Vice-Chair without providing reasons.

5As set out orally to the Parties on October 28, 2015, the Employer is to provide Ms. Lacroix with a Reclina-Pedic chair made by Southern Motion (the RP chair) that was identified on June 3, 2015 as being available from Leon’s Furniture and for which Ms. Lacroix’s family physician had provided written approval on June 11, 2015.