HomeMy WebLinkAboutBarry 05-11-07
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In the Matter of an Arbitration
Between
Algonquin Health Services
(Hereinafter referred to as "the Employer")
And
Ontario Public Service Employees' Union
(Hereinafter referred to as "the Union")
Regarding: Grievance of B. Barry
Sole Arbitrator: Felicity D. Briggs
For the Union: Boris Bohuslawsky, Counsel
Don Stewart
Barbara Barry
For the Employer: Christopher White, Counsel
Julie Smith
Karen Wright
Bryon Palmer
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Ms. Barbara Barry filed a grievance dated August 7, 2004 that alleged she
should have received a Senior Technologist position in the laboratory. The
parties invited me to hear and determine this matter and a hearing was
scheduled for that purpose.
The hearing was scheduled to proceed in Huntsville on June 10, 2005. The
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incumbent was given notice and attended. At the beginning of the day the
parties invited me to mediate this matter and a resolution was achieved. It
was requested that their agreement be reduced to a consent award.
Accordingly, the parties agreed to the following:
1. Barbara Barry is awarded the position of Senior Technologist for
Transfusion Medicine.
2. She shall be compensated for the difference between what she earned
as a General Duty Technologist and what she would have earned as a
Senior Technician since July 8, 2004. The compensation owing will
be reduced by the period of Ms. Barry's secondment to OPSEU.
Interest shall be paid on the money owing.
3. The current incumbent, Marion Savory, will continue to act in the
Senior Technician position, until Ms. Barry's return from her
secondment. When Ms. Barry returns Ms. Savory will revert to a
Technologist position.
4. It is understood that Ms. Barry will receive the training and
orientation provided to Ms. Savory as the successful applicant to the
Transfusion Medicine Senior Technologist Position when she returns
to work.
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5. I remain seized in the event of difficulties with the implementation of
this award.
Dated in Toronto this 11 th day of June, 2005.
Felicity D. Briggs