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HomeMy WebLinkAbout1992-2849.Union.94-11-29 ~'" - 'J " ONTARIO EMPLOYES DE LA COURONNE CROWN EMPLOYEES DE L'ONTARIO 1111 GRIEVANCE COMMISSION DE , SETTLEMENT REGLEMENT BOARD DES GRIEFS I 180 DUNDAS STREET WEST SUITE 2100, TORONTO, ONTARIO, M5G lZ8 TELEPHONE/TELEPHONE (416) 326-1388 180, RUE DUNDAS OUEST BUREAU 2100 TORONTO (ONTARIO) M5G lZ8 FACSIMILE /TELECOPIE (416) 326-1396 -- 2849/92 .~! ~~. IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN r OPSEU (union Grievance) - Grievor - and - The Crown in Right of ontario (Ministry of Community & Social Services) Employer BEFORE: H Waisglass Vice-Chairperson J Carruthers Member A Merritt Member FOR THE J Paul GRIEVOR Grievance Officer ontario Public Service Employees Union FOR THE J Smith EMPLOYER Counsel Ministry of Community & Social Services REARING October 5, 1994 November 25, 1994 .. :,;";; '4; ~'H~~~, il~ t'\S~~~'.-""'-',~~~,~, ~ "~,:'~"':::/.. i1~i,F';"<:O:1':'"fl3r: h"" ~~. v.......-1;-. ...........w,.,. ,- ~-,~-~~~,;-r:'...,,--,--,..'":":""."'~.'"'!;':r~ _A'r," ~ "- ./ .. GSB 2849/92 ..--' - '\ ~l IN THE MATTER OF AN ARBITRATION ).~ .., UNDER > :~ \ THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT BEFORE THE GRIEVANCE SETTLEMENT BOARD ",. . BETWEEN OPSEU (UNION GRIEVANCE) /GRIEVOR -AND- THE CROWN IN RIGHT OF ONTARIO (M1n1stry of Commun1ty & Soc1al Serv1ces) EMPLOYER BEFORE H J WAISGLASS Vice-ChaIrperson A MERRITT Employer Member J CARRUTHERS Umon Member FOR THE UNION J PAUL, GRIEVANCE OFFICER ;\ J FOR THE EMPLOYER J SMITH, COUNSEL, MCSS < ~~ ,~ HEARINGS OCTOBER 5 & NOVEMBER 25, 1994 \ .~~~ DECISION In the course of the second hearIng day the part1es reached a voluntary settlement of the grIevance The memorandum of settlement has been depOSIted wIth the GrIevance Settlement Board At the request of the part1es, and wIth, theIr agreement, the terms of th1S settlement are hereby Incorporated Into thl s Oed s lOn and are made an Order of the B.oard The proceedIngs shall be termInated\ upon the ful flllment of the terms and condIt1ons of the settlement DATED AT HAMILTON, ONTARIO, THIS 29TH DAY OFNovember, 199'4 - - ------- -- ---~ HARRY J GLASS, CH IR _~_~~_\. Hi .l.A-~1k 7 " 'fA MER~TTT, ME~BER ../ r .,"'2--'--0. I c: ['2 c/ t" c'<< - \ ~ /' // ~-~~;;~~~~;~~-- M~~~~~--- '-- . - ''7'i: ',rf'-.~ ~""'-~'1. .~r"t\"-~;Y:'<~~7'J""~,;-' " I, r f ;' ), ~' / 2849/92 I MEMORANDUM OF SETTLEMENT IN THE MATTER OF THE GRIEVANCE OF - OPSEU(Union Grievance MCSS U679) ( BETWEEN: ONTARIO PUBLIC SERVICE EMPLOYEES UNION ANI> THE CROWN IN RIGHT OF ONTARIO '" (Minis;t.ry of Community and Social Services)- The parties agree to the full and final settlement of the above noted grievance on the following terms: 1 The Ministry agrees that it is in violation Of ArtiCle 19 of the Collective Agreement and will cease and desist the ongoing violation. 2. The Ministry agrees that any retroactivity that may be owing to the employees effected by this violation will be calculated commencing September 28, 1992. 3. Should the employees effected by this violation choose to accept cash in lieu of time off, interest will be calculated in the following fashion. For the period September 28, 1992 to October 1, 1994 interest will be calculated according to the Hallowel formula. For the period October 2, 1994 to the date of payment, interest will be calculated using the current bank rate 4. The Board will remain seized until the fulfilment of the terms and conditions of this settlement. S Upon the fulfilment of the terms and conditions of the ~ settlement, the above noted grievance will be withdrawn. 6 The parties agree that this settlement shall be made an order of the board. 0 . - ""....-;--;:>.,., """i.' .....,. ......."ot 4 ,I . r t;:;:: For the Union For the Ministry ~~ !t~_w_--- ?\-/1I/4 tr~ -2S1~~-f;;~- C...d^..... i \:. L.- l~~ <- ",'" L- \..- I \.... l\. ~ ~ ( " \ \ . . ._~~.-