HomeMy WebLinkAbout1992-3618.Herdsman.94-11-15
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ONTARIO EMPLOYES DE LA COURONNE
CROWN EMPLOYEES DE L 'ONTA RIO
11111 GRIEVANCE COMMISSION DE
,
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 2100, TORONTO, ONTARIO, M5G lZ8 TELEPHONEITELlEPHONE (416) 326-1388
180, RUE DUNDAS OUEST BUREAU 2100, TORONTO (ONTARI9) M5G IZ8 FACSIMILE ITELECOPIE (416) 326-1396
3618/92, 3619/92, 3620/92
IN THE MATTER OF AN ARBITRATION
Under
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THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
" THE GRIEVANCE SETTLEMENT BOARD
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BETWEEN
( OPSEU (Herdsman)
Grievor
- and - I
The Crown in Right of ontario
(Ministry of Correctional Services)
Employer
BEFORE W Kaplan Vice-Chairperson
J. Carruthers Member
F Collict Member
FOR THE G. Adams
GRIEVOR Counsel
I ontario Public Service Employees
Union
FOR THE J. Benedict
EMPLOYER Manager, Staff Relations & compensation
Ministry of Correctional Services
HEARING August 18, 1994
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3618/92, 3619/92, 3620/92
BOARD ORDER
Attached is the Memorandum of Settlement which the parties
agreed w~uld be made an Order of the Board
DATED at Toronto , this 15 t h day of November, 1994.
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W Kaplan; Vice-Chairperson
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I J Carruthers, Member
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F. Collict, Member
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@ M;';'l<y ofthe
W Solicitor General Memorandum of Settlement
and Correctional
Ontario Services
IN THE MATTER OF THE GRIEVANCE OF
Greg- Herdsman
Name
Metro Toronto East Detention Centre
ClassificationlWork Location
I
G S B. FILE 3618/92 Date and Subject of Grie~ance Tan.25, 1993 - uniust dismissal
3619/92 Feb. 11, 1993 ... denial of severance pay
3620/92 Tan. 17, 1993 - harassment
BETWEEN. ONTARIO PUBLIC SERVICE EMPLOYEES UNION
(The Union)
-AND-
THE CROWN IN RIGHT OF ONTARIO
(Ministry of Correctional Services) (The Ministry)
The parties agree to a 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 employer will reinstate Mr Herdsman to the position of Correction Offic;er II at the Metro
Toronto East Detention Centre effective January 26, 1993 (
2. The employer agrees to remove and destroy all documents relating to Mr Herdsman's
dismissal from all files.
3 The employer agrees to provide Mr Herdsman with any and all benefits/ credits he was
entitled to for the period of time from June 19, 1992 to September 15, 1992. This time frame
represents the period of time for which Mr Herdsman has been in receipt of Workers
Compensation Benefits.
) 4. For the periods of time from January 26, 1993 to May 10, 1993 and January 20, 1994 to
September 19, 1994 inclusive, the employer will provide Mr Herdsman with all benefits, salary,
credits and semority as If he had actually been at work. He will be made whole for both these
periods of time.
The grievor understands that he will be expected to provide' his portion of pension
contributions in order for the employer to make their contributions.
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Page 2
5 The payments described in paragraph 4 will be made to the grievor within 30 days of the
signing of the agreement, It is further understood that all payments will be subject to statutory
deductions required by law (e.g. unemployment insurance benefits)
6 The payments described in paragraph 4 will be less $6,000.00 (six thousand dollars) which
represents an approximate lump sum of money that the grievor earned In the periods of time
described in paragraph 4.
7 The period of time between May 11, 1993 and January 19, 1994 inclusive will be considered
unpaid leave of absence with no loss of seniority
8 Thegrievor agrees to submit his resignation from the Ontario Public Service (OPS) effective
September 19, 1994 and the employer agrees to pay the grievor terminahon payments pursuant
to Article 53 of the collective agreement.
9 The grievor and the union agree to withdraw the noted grievances.
10 This settlement will be made an order of the Grievance Settlement Board and" any disputes or
differences arismg from the implementation or failure to implement this settlement may be
referred to the Grievance Settlement ,!?oard for resolution.
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For the Union
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