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Home My WebLink About1993-1783.94-12-06 I. ( \ ~ ~ .,. ONTARIO EMPLOYES DE LA COURONNE CROWN EMPLOYEES DE L'ONTARIO 1111 GRIEVANCE cpMMISSION DE SETTLEMENT REGLEMENT BOARD DES GRIEFS - --- 180 DUNDAS STREET WEST SUITE 2100, TORONTO, ONTARIO, MSG lZS TELEPHONE/TELEPHONE (416) 326-1388 180, RUE DUNDAS OUEST BUREAU 2100, TORONTO (ONTARIO) MSG lZ8 FACSIMILE/TELlicOPIE (476) 326-1396 ,~ '"-;'"'-,,----- 1783/93 '\ \ IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD I BETWEEN OPSEU (simpson) ~ . Gr1evor - and - The Crown in Right of ontario (Ministry of Municipal Affairs) Employer BEFORE: S Kaufman Vice-Chairperson E. Seymour Member M. Milich Member FOR THE C Walker GRIEVOR Negotiator, Job Security Group Ontario Public service Employees Union FOR THE D Costen EMPLOYER counsei Management Board Secretariat HEARING July 27, 1994 ~ -'\ \ -- --- - ."' ,~ - ~ - ---- - -- -- ---- --. ) i .J \ I i I I G S B No 1.738/93 MEMORANDUM OF SETTLEMENT PURSUANT TO GRIEVANCE 'BETWEEN - --"- --------'--- KA THL'EEN SIMPSON (the "Grievor") - and - ONTARIO PUBLIC SERVICE EMPLOYEES UNION (the "Union") - '- . and . " THE CROWN IN RIGHT OF ONTARIO (Ministry of Municipal Affairs) (the "Employer") Whereas the Grievorwas subsequently placed rn-an OAG-6 classified position I with the Ministry of the Solicitor General and Correctional Services, without prejudice and precedent, the parties hereto agree to a full and final settlement i to the above-noted grievance dated September 17, 1993 of Ms Kathleen Simpson, on the following terms 1 The Ministry acknowledges that the Expenditure Control Plan resulted in the reduction of the number of support positions in the 'consolidated North Eastern Regiqnal Field Office 2. The Ministry acknowledges that the changes to the organization should not have warranted that the Grievor be declared surPlus. 3 The Ministry regrets any harm which may have affected Ms. Simpson 4 The Grievor shall receive no increase in the classification beyond the OAG-6 level as a result of this settlement. 5 This settlement will not serve as precedent to the Employer's right tq assign qualified employees to vacant positions who meet t,he Employer's standard for french language proficiency 6 The Employer shall pay to the Grievor tre lump sum of $3,000 00 less statutory deductions within 60 days of the fully signed document being received by the Ministry ,-- I / ( \ \ - J -" "\ 7 The Union and the Grievor agree not to pursue any further grievances which in any way may deal with the Ministry declaring the Grievor surplus, or her subsequent reassignment to the Ministry of the Solicitor -- General and Correctional Services. 8 Upon implementation of the terms of-this-settlement, the Grievor and the Union shall withdraw said grievance and the Union will notify the Board accordingly \ \ 9 The parties agree to request that this Memorandum of Settlement be made an order of the Board IkM L~w~ For the Employer For the Union 91/-o9-ze ~~ \ 10 j ~ ",-.:-:- Date Date ' . ~~~. Kathleen Simpson I O~ t, 4:\4- Date - - - -- d - \ MEMORANDUM OF SETTLEMENT IN THE MA TIER OF THE UNION POLICY GRIEVANCE "- OPSEU File #MUN-U883 Dated February 28, 1994 -""- - -- .' Between Ontario Public Service Employees Union (The Union) ') And. \, The Crown, in Right of Ontario (rJIinistry of Municipal Affairs) (The Ministry) I The parties agree to the full and final settlement of the above-noted grievance on the following terms: 1 The Ministry acknowledges that it placed a surplus bargaining unit employee in a position which was beyond the salary parameters ~stablished in the Collective Agreement (Article 24 5) 2. The Ministry acknowledges that this unilateral placament 'beyond the salary parameters (3 16% greater than the former position) was a violation of the Collective Agreement. \ 3 The Ministry and the Union acknowledge that future surplus situations may arise where the .salary parameters set out in the Collective Agreement may be waived with the agreement of the Ministry and the Union Corporately anc! such a mutual waiver would not be deemed a violation of the Collective Agreement 4. The M-inistry and the Union agree that because of the circumstances surrounding this siJrpJussing that the settlement of the subject grievance will not result in the rescinding of the placement of the employee 5 The Ministry ,and the Union agree that the term set out under number four of ~ this agreement does not prejudice the Union's right to seek displacement of the employee as remedy of the grievance of Kathleen Simpson and the Ministry of Ml:JnicipaJ Affairs (GSB #1783/93) . -- c . } ( - 2 - ,-- "- 6. The Parties agree to request that the terms of this settlement be made an order of the Grievance Settlement Board --- -- -' For the Ministry /h~~ Dated C(q-O( '~( For the Union Q . ~Y: ~_~,,^,- L ) (, \\..tL-- Dated Cameron Walker, Job Security Officer " ~ , I , I . -- ( ( ;. I L I AWARD ~Attached are the Memoranda of Settlement which the parties agreed would be made an order of this Board~ Dated at Toronto this 6th day of December, 1994. " J Susan D. Kaufm Chairperson ! A~L_/aLt~R M~chael Milich Employer Nominee ~a ,- ~~"I Edward Seymour Union Nominee '"