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HomeMy WebLinkAbout1992-0316.Kruger.93-10-27 i ONTARIO EMPLOYES DE L'A coURONNE ~ CROWN EMPLOYEES DE L'ONTARIO SETTLEMENT REGLEMENT ,BOARD - DES GRIEFS 180 DUNDAS STREET WEST. SUITE 2100, TORONTO, ONTARfO, IVi5G lZ8 TELEP.HONE/T~'L£PHONE: (4 16) 326-I 180, RUE DUNDAS DUEST, BUREAU 2100. TORONTO (ONTARIO), M5G IZ8 FACSIMILE/T~-L~-COPIE : {4 16~ 326- I 316/92 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN .OPSEU (Kruger) Grievor - and- The Crown in Right of Ontario (Ministry of Correctional Services) Employer BEFOR~.~ W~ Kaplan Vice.chairperson H. O'Regan Member J. Miles Member 'FOR THE M. Mazzuca GRIEVOR Counsel Koskie & Minsky Barristers & Solicitors FOR THE -.G. Lee EMPLOYER Grievance Negotiations Officer Ministry of Correctional Services 316/92 BOARD ORDER Attached is the Memorandum of Settlement which the parties agreed would be made an Order of the Board. DATED at Toronto, this 27th day of October, 1993. W. Kaplan, Vice-Chairperson H~ O'Regan; J/ Miles, Member Memorandum 6f Settlement IN THE MATTER OF TItE GRIEVANCE OF William Kruger Name Correctional Officer - Mimico Correctional Centre Classification/Work LOcation " GSB FILE 316/92 Date and Subject of Grievance -. WCB Absence BETWEEN: ONTARIO PUBLIC SERVICE EMPLOYI=~F~S UNION Crhe Union) THE. CROWN IN RIGHT OF ONTAi:GO (Ministry of Correctional Services) (The Ministry) The parties agree to the' full' and final settlement of the above-noted grievance without precedent and without prejudice to any future and/or similar matter on the following terms: 1. The Ministry agrees to not consider the absences in 1990 related to his WCB claim/appeal and which the grievor claims are related to a recurrence of his 1988 knee injury as part of the Attendance Review process. 2. The Ministry agrees to immediately advance the grievor seven days vacatiOn credit which were originally used to top up his salary tO 100% under now Article 52 as a result of the grievor's use of sick days to cover absences in 1990 which the grievor claims should be considered as re-occurrences of his 1988 WCB injury. .../2 .'- ' Memoran0um ot ~ettiemen~ - wmiam ~ru§e~' .. .. ' . Page two .... 3. The Ministry agrees these vacation day~ are an advance on the vacatiOn credits " · which are to.be returned to the grievor if the grievor's WCB appeal is successful. (related to 1990 absenceS). These vacation credits are. those Which the grievor originally utilized ·under now Article 52 covering the WCB leave claim of 1990 (claim # 16768778-6). This restoration of credits will be pursuant to ArtiCle 54. The employer agrees to credit the remaining balance of these utilized vacation credits to the grievor upon receipt of notification from WCB of approval' of claim #16768778'6 covering the absence in 1990. A copy of the WCB approval of claim may be provided to the.Ministry by the grievor 4. -.The grievOr agrees to reimburse the Ministry the seven days vacation advanced pursuant to section 2) of this settlement over a two year period by :way of · vacation·credit deduction· from his vacation credit bank if 1) the grievor'S appeal of claim covering i990 absences is denied by the Worker's Compensation Authorities or 2) the grievor has not received a final decision from the Worker's Compensation 'Authorities within two years of the date of signing of this settlement, that. being.luly 14, 1993. 5.' If required-this recOverY pursuant.to section· ,4) will occur as 3.5 days vacation deduction for the first year and 3.5 days vacation deduction over the second year commencing July 14, ·1995, or in any other manner mutually agreed t© by the parties. '6. The union and grieVor ~igree to withdraw the above noted grievance. Either party may. request of the Grievance Settlement Board that the terms' of this settlement be made an order of' the Grievance Settlement Board. 8. The MiniStry acknowledges that-the Grievor has now been sUcceSsfUl in his : · . appeal of WCB claim #. 16768778-6, aa of January 8, 1992, relating to his 1989 recufi:ence of his :1988 knee injury and 'that as a result,, and if.it,has not already done so, the Ministry will immediately top up the Orievor's.aalary in ~ ' accordance ',with now Article 54 of the Collective Agreement. for the period of August 11 September8, 1989. For the Minis Dated " .For the Union ' Dated tO.. 3 ?.~ FOr the Orievor ~4~]"~'~~ Dated