HomeMy WebLinkAbout1993-1043.Bancej.94-11-29
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ONTARIO EMPLOYES DE LA COURONNE
CROWN EMPLOYEES DEL'ONTARIO ............
~ GRIEVANCE COMMISSION DE
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1111 SETTLEMENT REGLEMENT
, BOARD DES GRIEFS
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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
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1043/93
- IN THE HATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES, COLLECTIVE BARGAINING ACT
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Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OPSEU (Bancej) Grievor
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The Crown in Right of Ontario
(Ministry of Health) -
Employer
BEFORE: N. Dissanayake Vice-Chairperson
T. Browes-Bugden Member
D. Clark Member
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FOR THE R Davis
GRIEVOR Counsel
Koskie & Minsky
Barristers & Solicitors
FOR THE L. Marvy
EMPLOYER Counsel
Legal Services Branch
M~nagement Board Secretariat
BEARING November 25, 1994
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v DECISION \
At the commencement of the scheduled hearing on November
25, 1995; the parti,s engaged in discussions ~nd executed the
following "Memorandum of Settlement and Consent ordei-"
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G S.B File No 1043/93
Before the Grievance Settlement Board
Between
(
ontario Public Service Union ("the Union")
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and
Marlies .Bancej ("the Grievor")
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I' The Crown in Right of ontario
(Ministry of Health) ("the Employer" ) '--
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Memorandum of Settlement and Consent Order
Whereas the Union filed a grievance on behalf of
the Grievor concerning the results of job
competition HL-93-01192 with the Employer,
And whereas there were onl~ 2 applicants for said
competition, the Grievor and the present incuinbent;
And whereas the present incumbent, Ms Jane Edgson
was notified of the hearing of this grievance and
her right to attend and participate, but she did
not do so;
And whereas the Grievor has greater seniority than
the present incumbent and after r..eceiving the
resul ts .of the competition the Employer, Grievor
and Union agree that the Grievor's and present
incumbent's results in that competition were
relatively equal;
Now therefore all parties agree the following shall
constitute a full and final settlement of the above
grievance and request the Board incorporate the
1;:erms of this settlement in- to an order of the
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Board and make the necessary declarations and \
orders to do so; -.--
1. The Employer shall appoint the Grievor to
the position of Technologist 2, ,Medical
Laboratory as advertised in competition
HL-93-01192 effective immediately;
2 The Grievor shall receive the full salary
and all credits, including pension
credits, of a Technologist 2, Medical
Laboratory, retroactive to the date the
present incumbent was appointed to that
position;
3 The above settlement is without prejudice
or precedent, to any other proceedings
between the parties;
4. The Union and Grievor hereby withdraw the
above grievance from further
~ consideration by the Board
Dated at Toronto this 25th day of November, 1994
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"siqned illegibly"
For the union
Counsel for the Union
"signed illeqibly" /
for the Employer
"siqned illegiblY"
Marlies Bancej
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In accordance with the agreement of the parties, the
terms of the foregoing shall constitute orders of this Board
and the parties are hereby directed to comply with the same.
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','I Dated this 29th day of November, 1994 at Hamilton, Ontario
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'D Clark
Member
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