HomeMy WebLinkAbout1992-3380.McManus.93-12-08
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- - ONTARIO EMPLOYES DE LA COURONNE
CROWN EMPLOYEES DE L'ONTARIO
~..;--~ GRIEVANCE COMMISSION DE
1111 ,
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 2100, TORONTO, ONTARIO. M5G Iol8 TELEPHONEITEUipHONE (416) 326-1388
180 RUE DUNDAS OUEST BUREAU 2100. TORONTO (ONTARIO) M5G lZ8 FACSIMILE ITELECOPIE (416) 326-1396
3380/92
IN THE HATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OPSEU (McManus)
Grievor
- and -
The Crown in Right of Ontario
(Ministry of the Environment)
Employer
BEFORE: O. Gray Vice-Chairperson
M. Lyons Member
F. Collict Member
FOR THE P Lukasiewicz
GRIEVOR Counsel
Legal Services Branch
Gowling, Strathy & Henderson
FOR THE D strang
EMPLOYER Counsel
Legal Services Branch
Ministry of the Environment
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, HEARING September 8, 1993
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December 1, 1993
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3380/92
The parties and the grievorhave entered into minutes of
settlement in which they agree, among other things, to request that
the Board make an order in the terms set out in Schedule "B"
attached hereto. Having regard to the parties agreement, we hereby
declare, direct and order as set out in Schedule uBu
Dated at Toronto, Ontario this 8th day of December, 1993
a-~~
o . Gray, Vice-Chairpersoy
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SCHEDULE "B"
I The Board declares that the termination of the Grrevor s employment on January 1,
1993 IS null and void and of no force and effect.
2. The Board deciares that the Grievor has been an employee with the Ministry since
December 2, 1988, with no loss of seniority and benefits. The Board further declares that
for the purpose of calculating the Grievor's seniority, the Grievor has been employed in a
full time position since January 1, 1993.
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3. The Board directs the Ministry to assign the Grievor as a Waste and Water Project
Trainee Operator to the vacant full time Waste and Water Project Operator 1 position at
the Ministry's Kingston Township Project effective December 6, 1993 in accordance with the
provisions of Article 24.6.2 of the Collective Agreement.
4 The Board directs the Ministry that effective December 6, 1993 the Grievor is to be
paid at the hourly rate for a Waste and Water Project Trainee Operator until the Grievor
successfully completes one of either the Basic Sewage Treatment Operations Course, the
Surface Water Treatment Workshop or the Basic Gas Chlorination Workshop whereupon I
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he shall be promoted to a Waste and Water Project Operator 1
5 The Board directs that the Ministry is to offer the Grievor the opportunity to
complete one of either the Basic Sewage Treatment Operations Course, the Surface Water
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Treatment Workshop or the Basic Gas Chlorination Workshop by no later than May 31,
1994 In the event the Mmistry falls to do so, the Ministry shall promote the Grievor to
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Waste and Water Project Operator 1, notwithstanding the provIsions of paragraph 4 above.
6. The Board orders the Ministry to compensate the Grievor for all lost salary and j
benefits as follows.
a. For the'period from November 16, 1993 to December 3, 1993, the Ministry
shall pay to the Grievor the sum of $264.50, less required statutory deductions,
which is calculated as follows: $16.55 per hour x 16 hours/week x 3 weeks x
33 1/3%; and
b The Miilistry shall forthwith reinstate all of the Grievor's benefits and shall
cause its insurer to pay the Grievor's Claims for Dental Benefits dated
November 23, 1993 in accordance with the terms of the Collective Agreement.
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7 The Board directs the Ministry to pay to the Grievor relocation expenses in
accordance WIth Article 24 17 7 of the Collective Agreement.
8. The Board directs that the balance of the Grievor's grievance dated December 4,
1992 is dismIssed.
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