HomeMy WebLinkAboutAbuzaid 98-01-24,- ...... ,, IN THE MATTER OF AN ARBITRATION
BETWEEN
- THE ONTARIO PUBLIC SERVICE
EMPLOYEES' UNION
("THE UNION")
AND
,ST. CLAIR COLLEGE OF APPLIED ARTS AND
TECHNOLOGY ("THE COLLEGE")
Grievance of Hadla Abuzaid (OPSEU #97D543)
BEFORE: R.O. MacDowell (Chair)
John McManus (Union Nominee)
Richard O'Connor (College Nominee)
APPEARANCES:
Nelson Roland (Union Counsel)
Barry Brown (College Counsel)
A hearing in this matter was held in Windsor, on January 23, 1998.
AWARD
This is the grievance of Hadla Abuzaid ("the grievor"), who
challeges a lay off notice that she received in January 1997. Ms.
Abuzaid contends that the process undertaken by the College did not
comply with the terms of the Collective Agreement. The College
denies that claim, and challenges the arbitrability of the grievance.
A hearing in this matter took place in Windsor, Ontario, on
January 23, 1999. The parties were agreed that the board of
arbitration was properly constituted under the terms of the collective
agreement, and that the board had jurisdiction to hear and determine
the matters in dispute between them - including the question of
"arbitrability". However, after the opening of the hearing, the parties
engaged in settlement discussions, and eventually were able to reach
the following agreement, that they have asked be recorded in the form
of an Award:
1. This matter is adjourned sine die and the panel will remain
seized of it until March 31, 1999.
2. If the matter is not relisted for hearing by March 31, 1999,
it shall be deemed terminated.
3. This agreement is without prejudice to any position the
parties may wish to take should the matter be relisted for
hearing.
4. Should the matter be relisted, each party will provide a
brief statement of its position, together with any related
documents.
5. The provisions of this agreement are without prejudice to
any right any party or individual may otherwise have.
Having regard to the parties' agreement, this arbitration
proceeding is adjourned sine die.
Dated at Toronto, on January 24 1998.
R.O. MacDowell (for the board)