HomeMy WebLinkAboutBates et al 96-10-22 IN THE MATTER OF ARBITRATION
BETWEEN:
FANSI-IAWE COLLEGE
(the "College")
- and -
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
(the "Union")
GRIEVANCE RE BATES ET AL
BOARD OF
ARBITRATION: Michel G. Picher Chairperson
Sherril Murray Union Nominee
Bob Gallivan College Nominee
APPEARING FOR
THE COLLEGE: Robert J. Atkinson Counsel
Gail Rozell - Acting Director of Human
Resources
APPEARING FOR
THE UNION: Steven Goudge - Counsel
Marylinne Kuntz - Grievance Officer
Paddy Musson - President, Local 110
Gary Fordyce - Local 110
Robert McGibbon - Grievor
Douglas Bates - Grievor
Ray Wilmot - Grievor
Brent Germain - Grievor
Hearings in this matter were held in London on January 30; June 12; September 11;
October 20, 1995 and October 1, 1996.
AWARD
Having regard to the agreement of the parties, as recorded in Minutes of Settlement
appended hereto as Appendix 'A', the Board hereby incorporates the terms of the
Memorandum of Settlement as the terms of this Award, for all purposes.
DATED at Toronto this 22nd of October, 19~c 6.
Mic G. Picher - Chairperson
"Sherril Murray"
Union Nominee
"Bob Gallivan"
Employer Nominee
APPE~DI~
IN THE MATTER OF AN ARBITRATION
BETWEEN:
FANSHAWE COLLEGE OF
APPLIED ARTS AND TECHNOLOGY
. - and -
ONTARIO PUBLIC SERVICE EMPLOYEES UNION,
LOCAL ~'10
Re; Grievances of Robert McKibbon, Brant Germain, Douglas Bates, Bill Edwards, Ray
Wilmot, John Howitt, Kenneth Lamb and Ross Crich regarding In-Service Teacher
Training Allowance; and
Re: Grievances of the College against the above-noted individuals and the Union
regarding In-Service Teacher Training AlloWance,
NIr=MORANDUM OF SI=T_TI.,FMFNT.
Whereas the parties wish to effect ~. full and final settlement of all issues outstanding
between them In connection with the ab0.v.e-noted grievances;
The parties agree as follows:
1. College pays MoKibbon 100% of amount deducted and 50% to all other grievors
(including Wilmot, etc,) of the amounts deducted .from them. This is less statutory
deductions, if any.
2, The Union acknowledges on behalf of the Grievors that some of the Grievors did not
maintain satisfactory performance in the Program and therefore Improperly received
the ']-['AL under the Collective Agreement, This is In the context of a program which
was administered with laxity,
3. The parties agree that In the future, where the College alleges overpayments made
outside the existing salary year, it may not deduct such payments unless and until
an arbitration board sanctions the deduction. When ove~ayments are made within
the salary year, the College can deduct such o~/erpayments within that year subject
to the right to grieve,
4. The' parties agree that College grievances am subject to the same rules regarding
timeliness and remedial relief es apply to Union and individual grievances.
5, All TTAL overpayment grievances are withdrawn.
This settlement shall become an order of the Board,
Dated at London, Ontario this 1st day of October, 1996. '-
"(~eil R~z;ell'~ _ ."P.~{Jdy
For the College For the Union