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HomeMy WebLinkAboutMoffat 13-03-31 IN THE MATTER OF AN ARBITRATION Pursuant to the Labour Relations Act of Onta ow g= ... . Between: r 1 {: CITY OF HAMILTONt � t (The Employer) � i ` ` d- - and - ONTARIO PUBLIC SERVICE EMPLOYEES UNION, LOCAL 256 (the Union) Re: Grievance of Moffatt: Benefits - Lieu Time 201 1-0256-0019 AWARD PAULA KNOPF - ARBITRATOR Appearances: For the Employer: Mark Mason For the Union: Mitch Bevan This matter convened for hearing in Hamilton on May 31, 2013. At this time, the parties presented evidence, case law and submissions regarding the issue of whether the Employer has the ability to pro rate designated holidays under Article 7.01. After considering the submissions of the parties and the language of the Collective Agreement, I have concluded as follows: 1. The Employer cannot pro rate designated holidays under the current language of Article 7.01(a). 2. The Grievor shall be made whole and receive the requisite entitlement pursuant to Article 7. - 2 - 3. Other grievors who have filed grievances to date under this provision shall be similarly made whole, 1 remain seized with regard to the implementation of these conclusions. Dated at Toronto this 31St day of May, 2013. o�. 1 Paula Knopf - Arbitrator