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HomeMy WebLinkAboutErechook 02-11-20 IN THE MATTER OF AN ARBITRATION BETWEEN SAULT COLLEGE OF APPLIED ARTS & TECHNOLOGY (the "Employer") - and - ONTARIO PUBLIC SERVICE EMPLOYEES UNION (the "Union") AND IN THE MATTER OF A GRIEVANCE OF ANN ERECHOOK (01C154) (the "Grievor") BEFORE: C. Gordon Simmons, Chair Mr. David Cameletti, Employer Nominee Mr. John McManus, Union Nominee APPEARANCES ON BEHALF OF THE EMPLOYER: Ms Victoria R. Chiappetta, Counsel Ms Rhonda Wright, Director, Human Resources APPEARANCES ON BEHALF OF THE UNION: Mr. Don Martin, Grievance Officer A hearing into this matter was held in Sault Ste. Marie, Ontario on October 17, 2002 -2- SUPPLEMENTAL AWARD The Board released its award to the parties on February 25, 2002. In the final paragraph on p. 11 the Board, by majority, wrote: Accordingly, the grievance succeeds. The grievor is entitled to be compensated for the period she was required to be on layoff. The board refers the matter back to the parties for determination of the actual amount of damages but failing agreement the board retains jurisdiction to complete its award concerning a final resolution of the grievance. The board also retains jurisdiction to deal with any difficulties that may arise with the implementation of this award. By letter dated May 3, Mr. Don Martin, grievance officer, wrote to the Chairman on behalf of the union, in part, as follows: The union and the employer have been unable to agree on the amount of damages flowing from your award of February 25, 2002, and may have other difficulties in implementation as well. The union, therefore, requests that you reconvene the board to deal with these issues in accordance with the last paragraph of your decision. The Board was requested to reconvene a hearing to assist the parties in implementing the award. During the reconvened hearing the Board discovered the award has been implemented. Therefore, there is no matter before the Board to adjudicate. -3- Dated at Kingston, Ontario this 20th day of November, 2002. C. Gordon Simmons Chairperson David Cameletti I concur/dissent David Cameletti Employer Nominee John McManus I concur/dissent John McManus Union Nominee