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HomeMy WebLinkAbout1993-1584.Bhatti.94-12-21 -,", 1\1. - ( .r ?, ,.-~ ~,- C ONTARIO EMPLOYES DE LA COURONNE CROWN EMPLOYEES DE L'ONTARIO GRIEVANCE COMMISSION DE , 1111 SETTLEMENT REGLEMENT , ... BOARD DES GRIEFS .- f 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 ITEUiCOPIE (416) 326- 1396 I 15'84, 1585/93 ,0318/94 ,.- / IN THE MATTER OF AN ARBITRATION Under r THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before I' \ THE GRIEVANCE SETTLEMENT BOARD I Between: - OPSEU (A. Bhatti) Grievor I - and - ). The Crown ih Right of Ontario (Ministry of Housing) 1 - I Employer Before. M K. Saltman Vice Chairperson E. Seymour Member ~. Milich ,Member ) For the Grievor: R. Anand ) Scott & Aylen \ Barristers and Solicitors For the Employer: M. Wilson \ Management Board Secretariat r Legal services Branch j c . Hear ing : December 6, 1994 /. . ~ '- ~..... 7.....~,.~~..~"":-:~t-.-:-....,~'~.""~ - ... rt..;- 1;J ( ( ( - _. A hearing was convened in Toronto on December 6, 1994 to deal with the grievances of Amjad Bhatti. Prior to the commencement of the hearing, the Board was advised that the ( grievances had been witQdrawn and that the parties had executed a Memorandum setting out terms of settlement. I The parties filed copies of the Memorandum of Settlement and asked that it be incorporated into an Order of the Board. In l accordance with the parties' request, the Memorandum of Settlement _ is attached as Appendix "A" herein. This Memorandum shall_have the same force and effect as if it were an award of the Board. DATED AT TORONTO, this 21st day of December, 1994. \ Vice chairperson ~a: .- . - -. ,- Member 'y, L/J~/iY Member ) ~ /' I , J . - ~ l. - ~ r...", ( ( i I - APPENDIX "A" "- ~. \ File Nos. 1584-85/93 0318/94 In the matter of three grievances between ( OPSEU (Bhatti) - and - THE CROWN IN RIGHT OF 'ONTARIO (Ministry of Housing) MEMORANDUM OF SETTLEMENT -.., The parties agree to resolve these grievances as forlows: r ) I I 1. The Ministry will, notwithptanding any other provision of the collecti ve agrElement between OPSEU and the Crown, advertize the classified position of Office Support Clerk (class!..fication OA3) at 56 We~lesley st. W., Toronto ("the position") under Article 4 in January 1995, with the matter coming to full closure by March 30, 1995 and the competition will be restricted to Ministry of Housing employees. 2. The grievor will be entitled to apply for the position; even though he is not presently employed py the Ministry, with full rights of grievance under .Article 4 if he is not successful. The grievor will also have full recourse, if appropriate; 'Under all applicable laws including the Human Rights .Code. l . -- - ;-oj.. ....~~~..-.:- -- ... ~~ '\ C I \ -( , I I 3 Panel members in the competition will be impartial and will .- " choose the suqcessful candidate in accordance with Arti9le 4 The manager to whom the position reports will chair the competition panel. No information will be provided to pane~ memb~rs concerning I the grievance, human rights and WDHPproceed,ings which preceded - \ this settlement, and such proceedings will form no part of the panel's consideration. \ 4. The grievorand the union hereby rele~se the Ministry and its employees and agents from any liability arising out of these grievances ~nd the grievor's human rights complaint (OHRC File No. TE 000(19). 5. Thegrievor. and the union hereby withdraw these grievances and the grievor agrees to withdraw his human rights complaint forthwith. 6. The parties agree that this Memorandum will be made and Order of 1;:he Board. i "James Dyl" "Sam Chopra" For the Ministry" i For the Union "Amjad Bhatti" Grievor -. .