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HomeMy WebLinkAboutYep-Lam 03-11-20 IN THE MATTER OF A CLASSIFICATION GRIEVANCE BETWEEN: OPSEU LOCAL 241 -and- MOHAWK COLLEGE Regarding the Classification Grievance of Sherry Yep-Lam OPSEU #324102 BEFORE: Kathleen G. O'Neil, Single Arbitrator For the Union: Don Martin, OPSEU Provincial office Kathy Maxwell, OPSEU Local 241 Sherry Yep-Lam, Grievor For the College: Joanne Echlin, Director, Human Resources Sheila Walsh, Labour Relations Officer Marilyn Micucci, Manager, International Education A hearing by conference call was held on November 6, 2003 AWARD This matter was originally scheduled for an in-person hearing on November 6, 2003, but the parties agreed that we should proceed by way of conference call instead. During that conference call, the parties agreed to deal with the issues in the following manner, which I record for clarity: 1. The union will withdraw the outstanding grievance dated July 18, 2002 relating to Ms. Yep-Lam's classification, subject to the understandings which follow. 2. Further to the College's intention to amend Ms. Yep-Lam's Position Description Form (PDF), expressed in its letter to the union of October 20, 2003, the College will provide to Ms. Yep-Lam and the union a new PDF. The College indicated that this would be done by November 21, 2003. Ms. Yep-Lam and the union will review the new PDF and determine their position with respect to it and the level of classification assigned to it. It is understood that they may file a new classification grievance, if so advised. 3. If a new grievance is filed in respect of Ms. Pollington's classification, the parties are agreed that for the purposes of Article 18.4.1.1 of the collective agreement and any claim for retroactive pay, the date of presentation of the written grievance will be deemed to be July 18, 2002, rather than the date on any new grievance submitted. 4. I am to remain seized to deal with any problem implementing the above, which the parties are unable to resolve themselves, and to deal with any new grievance filed in this matter or in the classification grievance of Pat Pollington. Dated at Toronto this 20th day of November, 2003. Kathleen G. O'Neil Arbitrator