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HomeMy WebLinkAbout2004-3763.Union Grievance.06-10-20 DecisionCrown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 Téléc. : (416) 326-1396 GSB# 2004-3763 UNION# 2004-0217-0010 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Union Grievance) Union - and - The Crown in Right of Ontario (Niagara Parks Commission) Employer BEFORE Randi H. Abramsky Vice-Chair FOR THE UNION Stephen Lavender Barrister and Solicitor FOR THE EMPLOYER Carla Zabek Barrister and Solicitor CONFERENCE CALL October 19, 2006. 2 Decision Having heard and considered the submissions of counsel, I hereby make the following ruling: . 1. The Employer will immediately apply the full terms and conditions of the collective agreement to those positions which have been agreed to be included subject to paragraphs 4 and 5. 2. The Employer will apply the benefit plan prescribed in the collective agreement. 3. Dues deductions and remission shall commence for the month of October and continue thereafter. The issue of back dues will be left to the hearing on the merits. 4. Seniority dates are to be calculated on the basis of the individuals’ service with the Employer, excluding any years served as a student employee. 5. The affected employees with the exception of the seasonal position of Seasonal Supervisor Butterfly (see below) will continue to be paid the same rate of pay they currently receive for the length of time they hold that position. They will also receive any pay increases which will result from the negotiations of the renewal collective agreement. As article 39.01 of the collective agreement will apply to the Seasonal Supervisor Butterfly (i.e. a benefit allowance of $1.20 per hour for all regular hours worked in lieu of benefits) her hourly rate will be reduced by $1.20. 6. The affected incumbents would transfer to the OPSEU Pension Trust as soon as Union dues begin being deducted. Issued at Toronto this 20th day of October 2006. Randi H. Abramsky, Vice-Chair