HomeMy WebLinkAboutStanley 02-02-20 IN THE MATTER OF AN ARBITRATION
BETWEEN
CONESTOGA COLLEGE OF APPLIED ARTS & TECHNOLOGY
(the "Em ployer")
- and -
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
(the "Union")
AND IN THE MATTER OF A GRIEVANCE
OF J. STANLEY (01C493 & 01C682)
(the "Grievor")
BEFORE:
C. Gordon Simmons, Chairperson
Mr. David Cameletti, Employer Nominee
Mr. Ron Davidson, Union Nominee
APPEARANCES ON BEHALF OF THE EMPLOYER: S.F. Gleave, Counsel
Ms Linda Krotz, Manager, Labour Relations
Mr. Mike McClements, Dean, School of Engineering
Ms. Hans Zowada, Chair, Trades & Apprenticeship
Mr. Louis Dropka, Faculty
Mr. Mike Pozzobon, Faculty
APPEARANCES ON BEHALF OF THE UNION:
Mr. Eric O'Brien, Grievance Officer
Ms Ann Wallace, President, Local 238
Mr. Dan Randall, Vice-President, Local 238
Ms Lisa Nequest, Chief Steward
Mr. John Stanley, Grievor
A hearing into this matter was held in Cambridge, Ontario on February 7, 2002
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During the course of these proceedings the parties entered into discussions in an
attempt to settle their differences.
They were successful in their discussions by reaching a Memorandum of Agreement
which the parties request be incorporated into an award of this board. It reads:
MEMORANDUM OF AGREEMENT
BETWEEN:
ONTARIO PUBLIC SERVICE
EMPLOYEES UNION
(THE "UNION")
-AND-
JOHN STANLEY
(THE "GRIEVOR")
-AND-
CONESTOGA COLLEGE
OF APPLIED ARTS AND TECHNOLOGY
(THE "EMPLOYER")
GRIEVANCES DATED JULY 24, 2001, AUGUST 24, 2001
OPSEU #01C493; #01C682
WHEREAS the grievor filed grievances dated July 24, 2001 and August 24, 2001;
AND WHEREAS the parties wish to resolve all differences between them arising
from these grievances;
THE PARTIES now agree as follows:
1. The letter dated July 20, 2001 is rescinded, and a disciplinary letter, carrying
a suspension of 1-5 days, will be placed on the grievor's file, effective July
20, 2001. The only change to the July 20, 2001 letter is the length of
suspension.
2. The grievor will be compensated pay to reflect the change in paragraph 1.
3. The Employer will send the letter attached as Appendix "A".
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4. The Parties agree that the above-noted grievances are hereby resolved.
5. The Parties agree that this Memorandum will be issued as an order of the
Board of Arbitration composed of G. Simmons, R. Davidsen and D.
Cameletti, which will remain seized.
6. The Parties agree that this Memorandum is entirely without prejudice or
precedent to their respective positions, or in any future and/or similar
matters, except for enforcement of the Memorandum including the fact that
the Griever has a 1-5 day suspension on his discipline record.
7. The griever and Union fully and finally release the Employer, its employees,
Board, agents from all claims which were made or could be made for
changes, liability arising out of the grievances, including under the Human
Rights Code.
8. The Parties agree that this Memorandum reflects no admission of fault or
liability or wrongdoing by any party.
Dated at Cambridge, February 7, 2002.
C. Wallace L. Krotz
FOR THE UNION FOR THE EMPLOYER
J. Stanley
FOR THE GRIEVOR
APPENDIX
[LETTERHEAD]
[DATE]
Mr. Greg VVhite
[ADDRESS]
Dear Mr. VVhite:
RE: YOUR LETTER DATED SEPTEMBER 10, 2001
I wish to confirm that a hearing was held on February 7, 2002 in respect of the
allegations and rumours you note.
Throughout the proceedings, Mr. Stanley steadfastly maintained that he was in no
way responsible for the remarks attributed to him. There was no finding to the
contrary.
Thank you for communicating your concerns. Following our investigation, and the
hearing noted above, the College now considers these matters closed.
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Yours truly,
[SIGNED[
Hans Zawada
cc. Walter Boettger
Ann Wallace
In keeping with the parties' request the above Memorandum of Agreement is
incorporated and becomes part of this award.
It is so ordered.
Dated at Kingston, Ontario, this 20th day of February, 2002.
C. Gordon Simmons
Chairperson
"David Cameletti"
I concuddissont
David Cameletti
Employer Nominee
"Ron Davidson"
I concuddissont
Ron Davidson
Union Nominee