HomeMy WebLinkAboutNash 93-12-03 IN THE M~TTER OF ~N ARBITRATION /'o ~¢/.
BETWEEN
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
LOCAL561
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SENECA COLLEGE OF APPLIED ARTS AND TECHNOLOGY
Grievance of Heather Nash - OPSEU No. 93B873
BEFORE: R.O. MacDowell - Chairman S. Murray - Union Nominee
R. Gallivan - College Nominee
APPEARANCES:
For the Union: Bebe Ahad, Grievance Officer
Eugene Wilson
For'the College: G.F. Luborsky,Counsel M. Fogel
A. G. Williams
C. Hazell
E. Burns
P. K. Bishop
E. Cunningham
'S. Savoie
Hearing held in Toronto on November 10, 1993.
AWARD
This grieVanCe, came on for hearing before this
arbitration panel on November 10, 1993. The nature of the
grievance need not be set out here. It suffices to say that
after the hearing began, the parties met and were eventually able
to resolve the matters in dispute between them. That settlement
was reduced to writing and reads as follows:
IN THE MATTER OF AN ARBITRATION
BETWEEN:
SENECA COLLEGE OF APPLIED ARTS AND TECHNOLOGY
("the college")
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ONTARIO PUBLIC SERVICE EMPLOYEES UNION
ON BEHALF OF ITS LOCAL 561
("the.union")
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HEATHER NASH
("the grievor")
MEMORANDUM OF SETTLEMENT
WHEREAS the union'filed a grievance on behalf of the
grievor dated June 4, 1993, alleging that the grievor
was terminated without just cause;
AND WHEREAS the grievance Was posted to arbitration and
the parties appeared before a Board of Arbitration
consisting of R. O. MacDowell, R. Gallivan and S.
Murray;
AND WHEREAS the parties wish to resolve the grievance as
aforesaid;
NOW THEREFORE' the parties agree as follows:
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1. The union and the grievor hereby withdraw their
grievance as aforesaid.
2. The college agrees to withdraw the grievor's letter
of termination from the grievor's Personnel file
and shall remove all reference to the circumstances
of the grievor's termination from the grievor's
personnel file. The employer agrees that the only
response to outside inquiries shall be that the
grievor was laid off.
3. The college shall hereby be deemed by the parties
to have provided the grievor with notice of
permanent layoff effective November 10, 1993, with
no termination or severance pay owing to the
grievor.
4. The college shall amend the grievor's Record of
Employment form to provide that the grievor was
permanently laid off effective November 10, 1993.
It is understOod that the union and the grievor
shall hereby forever waive any and all right of
recall of the grievor under the collective
agreement.
5. The college agrees to pay to the grievor the lump
sum payment of $28,260.12, less deductions.required
by law in full and final settlement of all sums
owing to the grievor by virtue of her employment
with the college from May 28, 1993 to November 9,
1993, which sum shall be deemed to be inclusive of
all termination and/or severance pay required by
law and/or benefits.
6. The college further agrees to prOvide the grievor
with a cheque for the sum referred to in paragraph
5 above on or before Wednesday, November 17, 1993,
along with the Record of Employment form referred
to in paragraph 4 above. It is agreed that the
cheque payable to the grievor shall be dated
October 29, 1993.
7. The college agrees to indicate on the Record of
Employment form that the grievor was laid off on
November 10, 1993 and further to complete the
Record of Employment form in accordance with the
instructions on that form, indicating that there
are no monies owing to the grievor, it being
understood that the college provides no guarantee
with respect-to the acceptance of the Record of
EmPloyment form by the Unemployment Insurance
Commission.
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8. The college, union and grievor agree that the terms
of this Memorandum of Settlement are private to the
parties and except as may otherwise be required by
law that the terms of this settlement shall not be
publicised by any of the parties hereto.
9. The parties agree that the terms of this settlement
are without prejudice.to the position of any of the
parties to the merits of the grievance and shall
not be referred to as a precedent in any future
matter between the union and the college.
10. In consideration of the foregoing mutual covenants,
the satisfaction of which the grievor hereby
acknowledges, the grievor hereby releases and
forever discharges.the college of and from all
claims for damages or amounts owing of whatever
nature and kind, including without limitation of
the generality of the foregoing any and all claims
for termination pay and/or severance pay pursuant
to the Employment Standards Act or otherwise at·
law. the grievor further agrees to indemnify and
hold harmless the college for any claim(s) by the
Unemployment Insurance Commission for any monies
payable by the college to the Unemployment
Insurance Commission in connection~with any
payments made to the grievor under the terms of
this settlement. The grievor further confirms that
she has not received any payments from the
unemployment Insurance Commission from May 28, 1993
to the present date.
11. The parties hereby agree that the terms of this
Memorandum of Settlement shall be recorded as an
order of the Board of Arbitration.
DATED ~T TORONTO, ONTARIO THIS. 10TH DAY OF NOVEMBER, 1993.
FOR THE COLLEGE FOR THE UNION
"M. Fogel" "Bebe Ahad"
"C. Hazell" "Eugene Wilson"
"Heather Nash"
The Griev°r
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The part,.as have requested that the arbitration panel
incorporate their settlement into a formal award.
Having regard to the foregoing, the board'hereby
records and directs compliance, with the terms and undertakings to
which the parties have agreed.
Dated at Toronto this 3rd day of December, 1993.
"S. Murray"
I CONCUR:
UNION NOMINEE
"R. Gallivan"
I CONCUR:
COLLEGE NOMINEE