HomeMy WebLinkAbout1988-0251.Hu.90-08-07 ON~R~ EMPL OYeS DE ~ COURONNE
CROWN EMPL 0~ DE L 'ONKYO
GRIEVANCE C MMISSION DE
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
1~ DUNDAS STREET WEST TORON~ ONKYO M5G 1Z8. $~ 2100. ~LEPHONE/~L~PHONE
18~ RUE DUNDAS OUE$~ ~RONT~ ~N~Rt~ MSG 1~ - BUREAU 2100 ~1~ 5ga-o~8
251/88
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OPSEU (Hu)
Grievor
- and -
The Crown in Right of Ontario
(Ministry of Health))
Employer
- and -
S. Stewart Vice-Chairperson
M. LYons Member
A. G. Stapleton Member
FOR THE R. Wells
GRIEVOR Counsel '
Gowling, Strathy & Henderson
Barristers & Solicitors
FOR THE P. Jarvis
EMPLOYER Counsel
Hicks Mo[ley Hamilton
Stewart Storie
Barristers & Solicitors
HEARING: March 8, 1990
July 24, 1990
DECISION
In the course of the hearing of this matter the part'ies
were able to resolve the March 21, 1988 grievance of Mr. G.
Hu and entered int'O i!minutes of settlement, the terms of
which are reproduced below:
The parties agree to settle the above noted grievance
on a without prejudice basis on the following· terms,
and request that the terms be made an order of the
Grievance Settlement Board.
1. Gerard Hu shall continue to perform the work as
as described in· the 1988 Position Specification for
Rotating Technologist - Enteric Reference, subject
to the normal lexigencies.
2. Gerard Hu acknowledges that the work referred to
in paragraph i above is properly classified as
Technologist 2 - Medical Lab.
3. Gerard Hu will be personally classified as a
Scientist 3, subject to the normal exigencies.
4. Gerard Hu and OPSEU acknowledge and confirm that
the fact that Hu is classified as a Scientist 3 but
working as a Technologist 2 arises through unique and
anomalous circumstances, that that situation is the
result of this without precedential value settlement.
Neither the circumstances of Hu's employment, nor his
· classification may be referred to by any party, nor
be of any relevance to any classification or other
grievance filed bY or on behalf of any other employee.
5. Gerard Hu's reclassification to Scientist 3,
pursuant to clause 3 above, will be retroactive to
February 1, '1988. Gerard Huwill be paid from that
time forward at the appropriate Scientist 3 rate.
Any loss that Gerard Hu has suffered as a result of
his assignment and "red circling" pursuant to a
letter dated January 15, 1988 will be reimbursed
forthwith.
Dated July 24 1990
In accordance'with the foregoing, the terms of these
2
minutes of settlement constitute an order of ~he
· Board.
Dated at Toronto, this Tthday of August 1990
$. L. Stewart - Vice-Chairperson
~'~, ~>, ~. .,I
M. L~nr~ /
A. G. Stapleton - M~er