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HomeMy WebLinkAboutMiller 88-10-07 IN THE MATTER OF AN ARBITRATION BETWEEN: ONTARIO PUBLIC SERVICE EMPLOYEES UNION (the "Union") - and - FANSHA~I/E COLLEGE (the "College") GRIEVANCE RE T. MILLER BOARD OF ARBITRATION: Pamela C. Picher - Chair Bob Gallivan - College Nominee Ed Seymour - Union Nominee APPEARING FOR THE UNION: Mitch Bevan - Grievance Officer APPEARING FOR THE COLLEGE: Brenda Bowlby - Counsel A hearing in this matter was held in London, Ontario on October 5, 1988. AWARD During the hearing of the grievance of Mr. Tim Miller, the parties met and resolved all outstanding issues in dispute. The following is their Memorandum of Agreement: IN THE MATTER OF AN ARBITRATION BETWEEN FANSHAXVE COLLEGE ("the College") - and - O.P.S.E.U. [respecting the grievance of Tim Miller dated $$-05-16] The parties, hereto, agree to settle this grievance on a without precedent or prejudice basis, as follows: 1. Mr. Miller will be reinstated upon production of a medical certificate from his doctor indicating his fitness to perform the duties of a Caretaker. Upon production of this certificate Mr. Miller will be advised when and where to report to work. The medical certificate will be delivered to Debbie Laevens. 2. Mr. Miller will be examined by the College's doctor at a time to be arranged by the College. 3. Upon reinstatement, Mr. Miller will carry out the duties of his iob as required and assigned and he will follow all rules and regulations. ti. Any further incidents of sleeping of the job, failing to report any absence in advance of the absence or incidents of absence within the year following his reinstatement exceeding the department average shall result in Mr. Miller's automatic termination from employment with the College. 5. For every incident of illness, Mr. Miller shall produce a medical report. 6. Mr. Miller will report his absences to the designated administrative person or persons. 7. Mr. Miller will receive no retroactive pay for the period between the date of his discharge and the date of his reinstatement. The letter of discharge will be removed from Mr. Miller's record. The incident giving rise to the grievance shall not be considered to have been the subject of any discipline. g. This agreement shall become an order of the arbitration board. DATED at London, Ontario~ this ~th day of October, 1988. "Mitch Bevan" "Arie Bakker" For the Union For the College "Tim Miller" Tim Miller Pursuant to the agreement of the parties~ the above Memorandum of Agreement is hereby incorporated as the Award of this Board~ and it is so ordered. DATED at Toronto this 7th day of OctobeG 1955. Chair "Bob Gallivan" I CONCUR .................................... College Nominee I CONCUR. "Ed Seymour" Union Nominee