HomeMy WebLinkAbout1994-1257.McLaughlin.95-08-24ONTARIO
CROWN EMPLOYEES
GRIEVANCE
SETTLEMENT
BOARD
EMPLOY& DE L4 COURONNE
DE L’ONTARIO
COMMISSION
ReGLEMENT
DES GRIEFS
180 DUNDAS STREET WEST SUITE 2100, TORONTO ON M5G 128
180. RUE DUNDAS OUES’I; t3UREAU 2100, TORONTO (ON) M5G 1Z8
BETWEEN
BEFORE:
FOR THE
GRIEVOR
FOR THE
EMPLOYER
HEARING
DE
TELEPHONE/T&&PHONE : (476) 326- 1388
FACSIMILEIT~LttCOPIE : (416) 326- 1396
GSB# 1257/94
ATU# G-57-94B0
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE- BARGAINING ACT
BefOr
THE GRIEWANCE SETTLEMENT BOARD
ATU (McLaughlin) Grievor
- and -
The Crown in Right of Ontario (TATOA/Go Transit)
Employer
S. Kaufman Vice-Chairperson
P. Xlym Member
M. Milich Member
M. McFadden Counsel Koskie & Minsky Barristers & Solicitors
I. Wolfe 41 Counsel Osler, Hoskin, & Harcourt Barristers & Solicitors
March 22, 1995 June 6, 1995 August 24, 1995
.
AWARD
Attached are the Minutes of Settlement which the parties
agreed would be made an order of this Board.
Dated at Toronto this Zgthday of April, 1996.
Employer Nominee
Union Nominee
GSB File No. 1257194
IN THE MATTER OF AN ARBITRATION
BETWEEN:
Amalgamated Transit Union,
Local 1587
(“the Union”)
- and -
The Toronto Area Transit Operating Authority
(“Go Transit “)
- and -
Tim McLaughlin
(“Grievor”)
MINUTES OF SETTLEMENT
The Union, Go Transit and the Grievor (collectively, “the Parties”) agree to the
following terms and conditions as a full and final settlement of all outstanding issues raised by
the grievance filed by the Grievor and the Union on or about September 28, 1994, alleging
termination without just cause (the “Grievance”):
1. These Minutes of Settlement are without prejudice and/or precedent to any other
matter that may arise between the Parties or any two of them, and is without admission of
liability;
2. The Parties agree that the Grievor will continue in an overcomplement position
at the Steeprock site, perforrning such bargaining unit duties as assigned. The Grievor will
continue to be paid at the Bus Driver rate set out in the coll@ve agreement. This paragraph
is necessarily subject to and modified by the other paragraphs of these Minutes of Settlement;
3. The Grievor is ineligible for any driving position with Go Transit until October
1, 1997. On October 1, 1997 the Grievor shall submit a standing application for a Bus Driver
position, and the location choices shall include Newmarket and Steeprock;
4. Between the date of these Minutes of Settlement and October 1, 1997, the Grievor
agrees to remain alcohol-free, and agrees and understands that during the said period he will be
subject to random blood-alcohol analysis, the said analysis to be conducted by qualified medical
practitioners, and Go Transit agrees the right to demand random blood analysis from the Grievor
will be exercised reasonably;
5. The Union and the Grievor agree that in the event that the Grievor does not
remain alcohol-free during the period described in paragraph No. 4, then he is subject to
discharge for just cause, and the only relevant issue for an arbitration board in the event a
grievance is filed by or on behalf of the Griever is whether or not the Grievor was alcohol-free;
6. The Parties agree that the period between July 10, 1995 and when the Grievor
returns to a Bus Driver position will be deemed to be a temporary medical re-assignment
pursuant to Article 8.8(2)(ii) of the collective agreement, and all of the provisions of Article
8,8(2)(ii) shall apply except where such application would otherwise cause a conflict with these
Minutes, and the Parties specifically mutually agree to extend the 12-month limitation set out
in 8.8(2)(ii)(f) as necessary;
7. The Parties agree that these Minutes of Settlement shall issue as a consent order
of the Grievance Settlement Board;
8. The Grievor and the Union agree to withdraw the grievance.
DATED at Toronto, this 24th day of August, 1995.
” Simon Clark”
For the Union
“Tim McLaughlin”
Tim McLaughlin
“John Sullivan”
For Go Transit
4i