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1990-1492.Ludlow.93-02-01
ON TARIO EMPL 0 YgS DE. LA COURONNE CROWN EMPL 0 YEES DE I. 'ON TA RI © GRIEVANCE C,OMMISSION DE SETILEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST, 5UITE 2100, TORONTO, ONTA,RIO MSG ~,Z8 TEL£PHONE/TELEPHONE: ,'JIG] 326- ~388 ~gO, RUE DUNDAS OUEST, ~UREAU 2100, TORONTO (Ot~TARIO). MSG 7Z~ FACSI~ILE/TEL~COPIE : (4 16) 326- 1492/90 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Ludlow) Grievor - and - The Crown in Right of Ontario (Ministry of Community & Social Services) Employer BEFORE: B. Fisher Vice-Chairperson P. Klym Member D. Montrose Member FOR THE R. Healey GRIEVOR Counsel Gowling, Strathy & Henderson Barristers & Solicitors FOR THE S. Mason EMPLOYER Counsel Legal Services Branch Ministry of Community & social Services 1492/90 BOARD ORDER Attached is the Memorandum of Settlement which the parties agreed would be made an Order of the Board. ,~ice-Chairperson D. Montrose, Member IN TB~ MATTER OF A GRIEVANCE ARBITRATION BEFORE THE GRIEVANCE SETTLEMENT BOARD BETWEEN: ONTARIO PUBLIC SERVICE EMPLOYEE'S UNION (Grievance of LUDLOW, Jamie) Grievor - and - MINISTRY OF COMMUNITY AND SOCIAL SERVICES Employer · MEMORANDUM OF SET.TLEMENT Without precedent or prejudice to. the position the · .~ parties may take in the future with respect to similar issues, the parties agree to settle the grievance of Jamie Ludlow, dated August 30, 1990, according to the following terms as full and final settlement of this grievance: 1. The parties agree that the'Grievor was entitled to pay at the third level ~f the Correctional Officer 2 salary range commencing April 26, 1989. "Salary range" refers to the salary range in effect at the time the relevant hours were worked. 2. The Employer will pay the Grievor the difference between: 2 a) the pay actually received by the Grievor during the relevant period; and b) the pay owing to the Grievor as calculated in paragraph 1 above, retroactive to the date halfway between: i) April 26, 1989; ii) the date which is 20 days prior tO the filing of the grievance.. 3. The Employer will pay the Grievor interest on the sum .calculated pursuant to paragraph 2 above. Interest will accrue from the retroactivity date described in paragraph 2 above until payment is made and will be in accordance with the Ha~llowel~ House principle, calculated at the average annual rate of 10%. 4. Ail sums owing to the Grievor pursuant to this Memorandum of Settlement will be paid within 60 days of the execution of this Memorandum of Settlement. Upon payment of the monies owing to the Grievor pursuant to this Memorandum of Settlement, the Grievor will receive a ~r!tten record ~f th~ _.~m. p3oyer's calculations pursuant to paragraphs 1.t0 3 above. 6. This Memorandum of Settlement Will be made an award of the Grievance Settlement Board. 7. The Union and the Grievor agree to discontinue this grievance upon these Minutes of Settlement becoming an order of the Grievance Settlement Board. For the Ministry ' / J~ie Ludlow (Grievor)