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HomeMy WebLinkAboutGudelj 97-06-30 IN THE MATTER OF AN ARBITRATION BETWEEN EMPLOYER: Association of Canadian Community Colleges - and - UNION: Ontario Public Service Employees Union, Local 446 GRIEVANCE: Branka Gudelj BEFORE: Michele A. Pineau C.Arb. Barrister and Solicitor REPRESENTING THE EMPLOYER: Carole Piette, Counsel Emond Harnden Michele Clark, Manager of Administration Jennifer Lewis, Student-at-Law REPRESENTING THE UNION: Terry McEwan, Counsel Gowling, Strathy & Henderson Branka Gudelj, Grievor Held at Ottawa, Ontario, January 31, June 18, 19 and 30, 1997. ASSOCIATION OF CANADIAN COMMUNITY COLLEGES -AND- ASSOCIATION OF CANADIAN COMMUNITY COLLEGES page 2 AWARD This grievance was filed on June 30, 1995 by Ms. Branka Gudelj, a Project Officer with respect to an alleged violation under sections 2.01, 5.0lb), 5.02, 7.02 and 11 of the collective agreement as well as under the Association of Canadian and Community Colleges discrimination and harassment policy and procedures. The matter was heard on January 30, June 18, 19 and 20, 1997. In the course of the hearing, the matter was settled and the parties consented that the Minutes of Settlement be incorporated into this award, save and except for a confidentiality clause which has been excluded from this award. To resolve all matters arising out the grievance, the parties agreed to the following conditions: 1. The Employer shall provide the Grievor with a letter of apology signed by the President of the Employer. The contents of the letter shall be in accordance with Appendix A. The letter shall be E-mailed to all staff no later than twenty-four (24) hours at~er these Minutes of Settlement are executed. The letter shall also be posted in the staff kitchen for at least two (2) weeks following execution as aforesaid. 2. The Grievor shall not be the subject of reprisals for having filed the aforementioned grievance. ASSOCIATION OF CANADIAN COMMUNITY COLLEGES -AND- ASSOCIATION OF CANADIAN COMMUNITY COLLEGES page 3 3. Any dispute regarding these Minutes of Settlement, or the implementation thereof, may be the subject of a grievance pursuant to the provisions of the Collective Agreement. 4. The Employer shall provide all management staff with anti-discrimination training sessions to be completed by December 31, 1997 by an outside facilitator. 5. The parties agree that Jean-Robert Vaillancourt, Vice-President International Services, will review the current work load in the Europe Region. Subsequent to this review, Mr. Vaillancourt will assign to the Grievor available work in the Europe region which will be commensurate with the Grievor's abilities. The parties recognize that the ability of the Employer to provide work of this nature to the Grievor will be dependant on the availability of such work. 6. The Union and the Grievor shall withdraw the aforementioned grievance. The Grievor undertakes not to file a complaint with the Ontario Human Rights Commission with respect to the matters alleged in the grievance. 7. The withdrawal of the grievance and entering into the Minutes of Settlement is without prejudice and without precedent. ASSOCIATION OF CANADIAN COMMUNITY COLLEGES -AND- ASSOCIATION OF CANADIAN COMMUNITY COLLEGES page 4 At the parties request, I remain seized of this matter pending full implementation of the conditions of settlement. OTTAWA, ONTARIO, June 30, 1997 Michele A. Pineau C.Arb.