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HomeMy WebLinkAbout1993-1948.O'Brien.95-08-01 - _._~ -~ , . : ... ., ONTARIO. EMPLOYES DE LA COURONNE " . .,),.,,:'. CROWN EMPLOYEES DE L 'ONTARIO. \ II'" '. ','11"" . ~ ", GRIEVANCE CpMMISSION DE SETTLEMENT REGLEMENT BOARD DES'GRIEFS .180 DUNDAS STREET WEST SUITE 2100 TDRDNTD, DNTARIO. M5G IZ8 r~LEPHDNEITtLtPHDNE (416) 326- 180 RUE DUNDAS DUEST BUREAU 2100 TDRDNTD (DNTARIO) M5G IZ8 FACSIMILEITIOLECOPIE (416) 326- I i i GSB# 1948/93 OPSEU# 93F955 IN THE MATTER OF AN ARBITRATION i I under i I THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT ~" j I Before i I THE GRIEVANCE SETTLEMENT BOARD I I BETWEEN j OPSEU (O'Brien) i r Grievor I - and - The Crown in Right of Ontario (Ministry of correctional services) Employer BEFORE: H Finley Vice-Chairperson FOR THE M cornish/O Rebeiro GRIEVOR Counsel/Student at Law Cavalluzzo, Hayes, Shilton, McIntyre & Cornish Barristers & Solicitors FOR THE S. Patterson EMPLOYER Counsel Legal Service Branch Management Board Secretariat HEARING June 7, 13, 1994 August 1, 2, 3, 8, 11, 29, 30, 1994 September 2, 6, 9, 14, 20, 21, 23, 28, 1994 November 7, 8, 22, 23, 28, 30, 1994 December 7, 1994 January 17, 31, 1995 February 1, 2, 6, 20, 23, 27, 28, 1995 March 1, 2, 3, 8, 9, 10, 28, 29, 1995 April 10, 12, 13, 1995 May 1, 4, 5, 15~ 16, 31, 1995 June 9, 12, 13, 14, 15, 1995 --- . i \ BETWEEN : THE ONTARIO PUBLIC SERVICE EMPLOYEES uNION union and MS. CHERYL O'BRIEN Grievor and THE MINISTRY OF SOLICITOR GENERAL AND CORRECTIONAL SERVICES Employer MEMORANDUM OF SETTLEMENT r RE: GRIEVANCES OF CHERYL O'BRIEN DATED SEPTEMBER ~6, 1993/ MARCH 30, 1994 AND APRIL 9, 1994 1 The parties hereto agree to settle the above-noted grievances filed on behalf of the grievor, ch~ryl O'Brien on the terms set out in this Memorandum of Settlement The 'parties agree to jointly request the Grievance Settlement Board to~ncorporate the terms of this Settlement into an award of the Grievance Settlement Board The Board shall remain seized to ensure the implementation' of the Memorandum of Settlement' as detailed in the Enforcement section below j I. BACKGROUND AND ACKNOWLEDGEMENTS 2 In order to provide context and background for the terms of this agreement, the parties agree to the following acJmowl,edgments of the actions, behaviour and system:j..c problems which have led to the remedies set out in this Memorandum of Settlement 3 The Ministry acknowledges that it has breached the Collective Agreement, Article A and 27 10, and has b~eached the Human Rights Code, R S 0 1990, s 5, 7(2) and (3)in its treatment of Cheryl O'Brien over the course of her employment with the Windsor Jail since June, 1991 In particular, the Ministry I i , 2 acknowledges that a it has discriminated againstMs O'Brien because of her gender by managing the workplace in such a manner as to create a workplace poisoned by gender hostility and discrimination both through the d'irect actions of managers and through management condonation of discriminatory employee and inmate behaviour These actions included the following. i engaging in or permitting co-workers to watch ~ ~ sexually explicit movies in the lunchroom, to have Cl' Iv .. inappropriate discussions with 'female officers lit concerning sex and their physical appearance, to , make sexist and demeaning comments about female n ~ ~ officers, to engage in simulated sex in the , . workplace, to mimick male homosexuals in a ~ derogatory fashion, to use racist language, to ~~ bring in or wear Nazi or wtiite supremacist _ .1// materials or icons and to segregate inmates by race. , ( ii permitting inmates to use offensive and sexist language and actions. > 4 The Ministry further acknowledges that it failed to make reasonable provisions for the health.and safety of the grievor contrary to Article' 18 of the Collective Agreement and sections 25 - 27 of the Occupational Health and Safety Act, R S 0 1990 In particular, the Ministry ( a failed to make reasonable provisions fpr the health and safety of the grievor by permitting the existence of a workplace situation poisoned by gender harassment and disqrimination. 5 The Ministry also acknowledges that these breaches oc;:curred in the context of a poi?oned working environment at the Windsor Jail This pois9nedenvironment at the Windsor Jail has been identified previously by the Independent Investigations Unit particularly in its 1994 Investigation Report File. 6 The Ministry also acknowledges that the 1994 Report of the Employment systems Review identifies certain systemic issues within the Correctional Services Division 7 The parties acknowledge that resolution of these grievances requires redressing the discrimination and improper conduct specifically faced by Ms o'Brien and addr~ssing issues of a systemic nature in the Ministry ---.. --- - " : ( \ 3 a Accordingly, the parties have developed the following remedies wpich have three general purposes b To try to r.estore the grievor, Cheryl, 0' Brien to the position ~he would have been in had th~ discriminat~on not occurred; c To provide the necessary measures through a joint Ministry\OPSEU process for creating a healthy and non- discriminatory workplace at the Windsor Jail; d To provide the necessary measures through a joint Ministry\OPSEU process for ensuring that, systemic changes are made in the Ministry'S policies .and practices, and in particular the application of ; the Workplace Discrimination and ,Harassment Policy to prevent the reoccurrence in any correctiona10servic~s institution of the circumstances which faced the grievor II. TERMS SPECIFIC TO THE GRIEVOR Reassignment of the Grievor 8. In light of the actions of the Ministry set out above, the parties have agreed that the grievor at this time will give up her career in the delivery of correctiona~ services and in particular her career as an unclassified Correctional Officer. The grievor agrees that she shall not apply for a position as a Correctional Officer nor exercise any rights under the Collective Agreement to access a position as a Correctional Officer or any position which directly involves the delivery of Correctional services to. inmates 9 In order to remedy the discrimination whicp the grievor has suffered as noted above, it is agreed that the following steps w,illbe taken a Effective the date of this agreement, the grievor shall be paid as if she were classified as a full time C02 at the mid-rate of $20 22 for a p~riod of six months At the end of the six month period the grievor shall be paid at the maximum of the OAG 8 classification Ms 0' Brien shall, within seven days of the signing of this agreement provide the employer with an address to which her pay cheques can be sent or shall apply for direct deposit to her current bank account For the purposes of the job security provisions of the collective agreement the grievor shall have a continuous service date of June 24, 1991 ~ 4 b The Ministry will pay all necessary costs associated with ~llowing the grievor to upgrade her skills so as to successfully function in an - OAG 8 position This ,.. shall be done by taking the Office Administration - General at st Lawrence Community College - Kingston campus commencing 1 september 1995 and lasting 2 ~ ~semesters - 1 year ~hc Course otttline~~r-t~i~-course ~ i-s-at-'taehed::-at-Appendi-X-C These Costs shall include ~ but are not limited to all tuition fees, mandatory 1/ . f1/ fees, books and reasonable supp11es ~1 c. During the period of the grievor's upgrading the ~. Ministry will search for an OAG 8 vacancy within 40 km ~I~~) of her current residence for her to be assigned to upon ~ r/~ I completion of her upgrading [A Iv d If no vacancy is available, the Ministry will create an OAG 8 overage position within 40 km of her current residence and assign the grievor to it Once the Ministry has been able to identify a surplus OAG8 vacancy within 40 kIn of her current residence, the grievor will be declared surplus in relation to the OAG 8 overage position and then the Ministry will directly assign the grievor to the surplus vacancy The grievor will be paid at the maximum rate of the OAG 8 salary range. e During the course of the upgrading the grievor shall communicate with the Ministry through a designated union representative, who shall contact a designated Ministry representative ,for any and all information regarding the grievor's future employment or the implementation of this agreement The grievor , during the period of her upgrading, shall 'not contact any member of the OPS, except her designated contact, to discuss employment opportunities arising directly from this agreement ,-, . f On completion of the upgrading the grievor will have identified ~or her a specific ministry representative who shall be responsible for the integration of the grievor into the new workplace. The grievor shall not contact the new workplace without advising the ministry representative and arranging for the representatives presence in any contact or communication. The duties of the Ministry representative are more specitically set out in paragraph below 10 The Ministry shall endeavour, to the best of its ability, to ensure that this classified position will not be subject to being declared surplus in the foreseeable future I I ( 5 11 The Ministry will provide all necessary and reasonable support for reintegrating the grievor into her new position, including orientation The Ministry will designate a regional and worksite specific contact person to facilitate the reintegration and orientation of the grievor into her new position Once the initial OAG 8 pqsition is identified or created, the Union and the Ministry will consult regarding whatever other measures are necessary 12 In addition, the Ministry shall pay the grievor the following. a the sum of $10,000 00 for compensation for the physical and mental distress and loss of dignity and respect caused by the Ministry's violations of the collective' agreement ad the Human Rights Code and occupational Health and Safety Act b the sum of $15,000 00 as compensation for expenses incurred as a result of the above-notad improper Ministry actions The Ministry shall endeavour to payout the sums in (a) dnd (b) within thirty day~ of the date bf the signing of this agreement. c The sum of $16,000 00, less all mandatory deductions as compensation for lost wages as a resu1 t of the improper Ministry conduct The Ministry shall pay $~8, 000 00 within 60 days and the further $8,000 00 before July 1, 1996. Personnel File 13 The grievor's current personnel file contains documentation, including performance appraisals, m~moranda, health information w~ich contain discriminatory or private information concerning the grievor. Accordingly, the parties will review the contents of the grievor's personnel file and all other employment-related files to ensure that all such discriminatory or private information Will be removed from it The offending information will then be sealed and kept by Management Board Secretariat but will not be used as the basis of any employment decisions by the Ministry OPSEU will be provided with a copy of the contents of the sealed file Any other information which the Ministry or an institution or any Ministry personnel propose to forward to the grievor's new place of employment is subj ect to the prior approval of the Union, which approval shall not be unreasonably withheld - -------- i \ 6 14 It is agreed that in ligl1t of the undertaking to provide training and the binding undertaking to provide an OAG B, bclassified position on completion of the training, that the Orequirement that the terms of the agreement personal to Ms. )v.O'Brien befimplemen~rior to July 31, ,lJ75 shall be deemed to have been m~ p ~ I1ty~. II. SYSTEMIC MEAS~JA(l r . " Vt ~ ,(J, Windsor Jail - Local 135 15 The Minisrtry agrees to take all necessary and reasonable measures to eliminate discriminatory practices at the Windsor Jail and OPSEU agrees to cooperate in facilitating such measures 16 In particular, the parties agree that the initiatives set out below will be undertaken in the Windsor Jail immediately 17. A Local union member shall be released to assist 0 P S E.U staff on an lias needed" basis, subject' to operational requirements, and to facilitate carrying out the education compone,nt outlined below This assignment will be for, a maximum of two (2) months and will be for a maximum of one day per week, and will be considered a duty ass~gnment on behalf of the Ministry 18 The Parties agree to the following education component, which shall involve a course/training component of two days in total which will include but not be limited to the following: understanding the grievance/arbitration pro- cess including the GSBi Human Rights and Ahti-harassment education wi th emphasis on lithe role of the union and the Employer in harassment cases", "the role of the LEe in harassment casesll, "the role of the union/local advisor in harassment cases", anq -lithe legal, moral, policy, and consti tu- tional rights and obligations", and Conflict Resolution Techniques , which shall be deemed as a duty assignment for all management and union staff at the Windsor jail The Ministry will bear the costs of this educational compon- ent \ 7 19 The management of the Winds,or Jail shall be instructed to participate in a positive and constructive manner in all measures taken under this Settlement, inclqding the educa- tional component The management will be provided by the Ministry with any support or training necessary to ensure their constructive role 20 In particular, the parties agree to 90ntinuethe operation of the Workplace Enhancement Committee which has been set up already in the Windsor Jailw for a period of two years from the date of the signing of this agreement, which may be renewed on the agreement of both parties, which has as its objective ensurihg that there is mutual trust, respect and professionalism in the Windsor Jail consistent with the Ministry's Code of Conduct a SpecificallY, the parties agree to continpe to attempt to identify, subject to space constraints and operational requirements, a location within t~e Windsor Jail which shall be identified as a "quiet room" and which shall be made available to all staff of the Windsor Jail Such discussions will include the possibility of delivering external, confidential counselling services t h r 0 ugh the centre b The parties further agree that a bona fide effort to find such a location shall be made and that repr~sentatives of the regional level of OPSEU and the Ministry shall attend at the Windsor Jail to assist the local parties in attempting b identify a location If such a location can be established for a quiet room that it shall be used for the following, but . il"- ! not l~m~ted to i a debriefing/counselling c:entre dealing w.ith attempted suicide; suicides, co n f r b n tat ion s , harassment, assaults upon staff by inmqtes; ii a report writing area iii a repository for education materials; c The parties further agree that the local level of OPSEU and the Ministry shall identify counselling resources in the community whose services are funded by OHIP and shall make such information available to all staff . " ( 8 Ministry systemic change Programme 21 The parties recognize that eliminating sexual harassment and discrimination requires a systemic approach aimed at changing the culture, policies and practices of the Ministry which have allqwed suc~ discrimination to exist. , 22 The Ministry agrees to work with OJ?SEU in developing and implementing a Systemic change Programme which shall be designed to eliminate the barriers to full workplace participation of women correctional officers in the Ministry generally and in particular at the Windsor Jail. Such a programme would design and implement positive and supportive measures to promote the equality of women correctional officers including a accommOdating staff with family +"esponsibilities, b reducing the current imbalance between men and women in its Co~rectional Officer workforce and the lack of women in supervisory positions, c providing a speedy, and effective resolution of discrimination complaints with an effective. process for ensuring f i accountability of management and staff for a workplace free of discrimination an~ harassment and ii effective and prompt !. , of commun~cat~on discrimination complaints to the corporate level of OPSEU and the Ministry $ubject to the requirements of the Freedom of Information and Protection of Privacy Act and the principles o~ the Workplace Discrimination and Harassment Policy 23 The parties agree that the following topics 'shall form the basis of an education program for all Ministry employees, which shall include, but shall not be limited to Accommo~ation Issues, Anti-Racism, Anti-Harassment, Anti-Discrimination, and other areas of the Human Riqhts Code 24 In particular the corporate Ministry agrees to continue reasonable efforts to implement the recommendations of the Ministry's 1994 Report of the Emplovment Systems Review Task Force --------- - ---...--- ( ~ 25 The Parties agree to ~eet no later than SEPTEMBER 1~, 1995 to set up the proc~ss for implementing these systemic measures and the parties shall negotiate specific Terms of Reference for this programme which shall be appended to and torn part of thi$ agreement, no later 'than NOVEMBER 15, 1995 The parties may extend the time limits in this paragraph by mutual agreement but bC?th parties recognize that th~se negotiations and the implem~ntation are a priority 26 The OPSEU and the Ministry ~ecogniJe their joint responsibility for ensuring a harassment and discrimination free workplace OPSEU shall bear the costs of travel, meals and accommodation for OPSEU's negotiating team The Ministry shall bear the costs for the negotiations, aryd for the design and implementation of the programme itself. The OPSEU agrees that no more than six e~ployees shall be reqUired at any time and th,e Ministry agrees that attendance at these meetings sh~ll be considered as a duty assignment, postings 1 ~[ 27 O/The employer shall be required to post t~e notice set out in U r /~Appendix A, J:.anguage to b9 agrsoa---4jpon by the~~tics, to this J;~. agr, eem,ent in conspicuous places in the W indso,r Jail workPlace, V' here it will come to the attention of all the employees in the bargaining unit and management and t~e posting shall ~' 'J~ ~ e~ain, p osted ~o~ ~ periOd, of three months and it shall be the Jo~nt respons~b~l~ty of local management, and the local e;!xecuti ve of the OPSEU to ensure that the' posting remains posted for the three month period The Parties agree that ~ Appendix A and this agreement shall be the sole means of lA ;r,' c~mmU,nicati,ng the, outcome, of this proceeding and that without :the mutual consent of the union and the employer no one shall communicate, publish or cause to be published: any other record M ' ( regarding this proceeding OPSEU and the Ministry agree that " it is important to both parties to work co~laboratively and constructively to implement the terms of this settlement and that any communications by any party will be consistent with those principles without limiting the generality of the above the parties agree that the proceeding shall not be the subject of coverage by any newspaper, Irlagazine, books, articles, speeches, television or radio interViews or townhall meetings This paragraph shall not limit OPSEU's ability to communicate with their members 28 The employer agrees to post the Human Riqhts Code, its WDHP pOlicy and the text of Articles A, 27 10 (re discrimination) and Article 18 (re Health and Safety) of the Collective Agreement in prominent places within Ministry workplaces I I I ( 10 IV ENFORCEMENT No Reprisals 29 The employer agrees that there will be no reprisals, intimidation, or other improper actions' taken against the grievor or anyone involved in these grievance hearings in accordance with its obligations under sections 29 and 37 of the Crown Emplovees Collective Barqaininq Act and sections 67 and 82 of the Labour Relations Act. The Assistant Deputy Minister-Operation- Corrections Division acknowledges these obligations and will make reasonable efforts to ensure that compliance with this statutory obligation is achieved. V. GRIEVANCE SETTLEMENT BOARD TO REMAIN SEIZED 30 As stated above, the pa.rties agree to request the Grievance Se~tlement Board to incorporate the terms of; this Memorandum of Settlement into an Order of the Board 31 The parties agree that Vice-Chair Finley will remain seized and will be responsible for ensuring that the terms o,f this Agreement and the subsequent Order are enforced and any disputes between the parties about whether there has been compliance with the Order or if a party requires clarification as to the implementation of the Order shall be directed to Vice-Chair Finley who shall hear and determine such disputes in a fair but expeditious manner f1~, Ov~ (J 6~ Release ~J- 32 In consideration of the terms set out in paras 8-ltf, the grievor agr~es that the implementation of this agreement shall be full ,and final settlement of any and all issues arising out of the employment of the grievor prior to the date of the signing of this Memorandum and that the circumstances of her employment prior to the date of the signing of this memorandum shall not be the subject of any complaint, grievance or proceeding of any kind before any court, tribunal Or body of any nature, including under the Human Riqhts Code This shall not prevent any action to enforce the terms of this Memorandum of Settlement This release shall also not prevent any action by the grievor if she should subsequently determine that she developed an occupational illness or injury as a result of her employment to date The grievor is unaware of any illness or injury at this time 33 The grievor and the OPSEU shall withdraw the above grievances i ( 11 DATED AT TORONTO this/~ of July, 1995} ~ O/1Vf/l -Q.t"d ~ ~ J1} I~ : , ,. ,L~~ ~ ~~ 21 lli'1','., 'f4/1/tl:~( _ I( ~/ t C . t / / ----' ~~~ For the Union ~~v - ( APPENDIX A POSTING This notice is being posted pursuant to the Order of the Grievance settlement Board dated July, 1995. 1 On July , 1995, the Grievance Settlement J?oard issued an Order settling the grievances of Cheryl O'Brien as a result of the agreement of the Ministry and OPSEU and Ms O'Brien The following paragraphs summarize the terms of ~hat Order 2 The Ministry acknowledges a that it has breached the Collective Agreement, Article A and 27 10, and has breached the Human Riqhts Code, R S O. -- 1990, s 5, 7(2) and (3)in its treatment of Cheryl 0' Brien over the course of her employment with the Windsor Jail since June, 1991. In particular, the Ministry acknowl,edges that it discriminated against Ms O'Brien because of her gender by managing the workplace in such a manner as to allow a workplace poisoned by gender hostility and discrimination both through the direct actions of managers and ,by staff AND BY condonation of ciiscriminatory employee and inmate behaviour. ' b that it failed to make reasonable provisions for the heal th and safety of the grievor contrar,y to Article 18 of the Collecti~e A~reement and sections 25 - 27 of the Occupational Health and Safety Act, R.S O. 1$190 by permitting the existence of, a workplace situation poisoned by gender harassment and discrimination c. these breaches occurred in the context' of a poisoned working environment at the Windsor Jail. This poisoned environment ,at the Windsor Jail has been identified previously by the Independent Investigations unit particularly in its 1994 Investigation Report. 3 The resolution of these grievances required redressing the discri~ination and improper conduct specifically faced by Ms 0' Brien and addressing issues of a systemic nature in the Ministry The systemic remedies in the Order are designed to' a provide the necessary measures through a joint Ministry\OPSEU process for creating a healthy and non- discriminatory workplace at the windsor Jail; 12 .f . b provide the necessary measures through aj oint Mi'nistry\OPSEU pr.ocess for ensuring that s'ystemic changes are made in the Ministry's policies and practices, and in particular the application of the Workplace Di~crimination and Harassment Policy to prevent the reoccurrence in, any corr~ctional services institution of the circumstances 'which occurred in' the Windsor Jail SYSTEMIC MEASURES Windsor Jail - Local 135 4 In addition to the initiatives which have already been taken the Ministry will take all necessary and reasonable measures to eliminate discriminat6ry pr~ctices at the Windsor Jail and OPSEU agrees to cooperate in facilitating such meaSures In particular, a number of educational initiatives will be under- taken in the Windsor Jail immediately These initiatives will include providing staff with the tools and knowledge to facilitate the speedy re~olution of conflicts and issues 5 The management of the Windsor Jail shall be instructed to participate in a positive and constructive manner in all measures taken under this Settlement, including the educational component The management will be provided by the Ministry with any support or training nece~sary to ensure their constructive participation 6 In particular, the parties will continue the operation of the Workplace Enhancement Committee which has. been set up already in the Windsor Jail which has as its objective ensuring that there is mutual trust', respect and prof~ssionalism in the Windsor Jail consistent with the Ministry's Code of Con~uct Ministry systemic Change Programme 7 The parties recognize that eliminating sexual harassment and discrimination requires a systemic approach aimed at changing the culture, policies and practices of the Ministry which have allowed such discrimination to exist 8 The Ministry will work with OPSEU in developing and implementing a systemic Change Programme which shall be designed to eliminate the barriers to full workplace participation of women correctional officers in the Ministry Such a programme would design and implement positive and supportive measures to promote the equality of women correctional officers including / ( a accommodating staff with family responsibilities, b reducing the current imbalance between men and women in its Correctiqnal Officer workforce and the lack of women in supervi.sory positions, c providing a speedy and effective ,resolution of discrimination complaints with an effective process for ensuring i accountability of management and staff for a workplace free of discrimination and harassment and ii effective and prompt communication of discrimination complaints to the corporate level of OPSEU and the Ministry, subject t~ the provisions of the Freedom of Information and Protection of Privacy Act and the principles of the WDHP policy 9 The following topics shall form the basis of an education program for all Ministry employees, which s~all include, but shall not be limited to Accommodation Issues, Anti-Racism, Anti-Harassment, Anti-Discrimination,and other areas of the Human Riqhts Code 10 In particular the Ministry will continue reasonable efforts to implement the recommendations of the Ministry's 1994 Report of the Employment Systems Review Task Force 11 The Parties will meet no later than September 11, 1995 to set up the process for implementing these systemic measures and the parties shall negotiate specific Terms of Reference for this programme which shall be appended to and form part of this agreement, no later than November 15, 1995 The parties may extend the time limits in this paragraph by mutual agreement but both parties recognize that these negotiations and the implementation are a priority 12 The OPSEU ~nd the Ministry recognize their joint responsibility for ensuring a harassment and disprimination free workplace OPSEU shall bear the ,costs of travel, meals and accommodation for OPSEU's negotiating t~am The Ministry shall bear the costs for the negotiations and for the design and implementation of the programme itself participation shall be a duty assignment. 13 The Ministry agrees to post the Human Riqhts Code, its WDHP policy and the text of Articles A, 27 10 (re discrimination) and Article 18 (re Health and Safety) of the Collective Agreement in prominent places within Ministry workplaces '. .. 14 The Ministry agrees that there will be no reprisals, " intimidation, or other improper actions talFen against the griever or anyone invel ved in these grievance hearings in accordance with its obligations under sections 29 and 37 of the Crown Employees Collective Barqaininq Act and sections 67 and 82 of the Labour Relations Act 'The Assistant Deputy Minister-Operation- Corrections Division acknowledges these obligations and will make reasonable ef,forts to ensure that compliance with this statut6ry obligation iSlachieved 15 Vice-Chair Finley of the Grievance Settlement Board will remain seized and will be responsible for ensuring that the terms of this ,Agreement and the subseqUent Order are enforced and any disputes between the parties about whether there has been compliance with the Order or if a party requires clarification as to the implementation of the Order shall be directed to Vice-Chair Finley who shall hea'r and determine such disputes in a fair but expeditious manner ~ ~, 'P . , r' GSB 1948/93 DECISION ON CONSENT The partIes have reached a settlement m tlus matter and have requested that their ., Memorandum of Settlement be made an order of the Grievance Settlement Board It gives me a great deal of satisfactIOn to be able to order such a well-crafted and thoughtful settlement It IS clear that consIderable hard work, creatIve-tlunkmg and expertIse on the part ora number of mdiVIduals have been brought to bear, m order to arnve at tlus agreement and I am pleased that the heanng process ,dId not mhibItsettlement, Further, I WIsh to say that throughout the heanng oftfus matter, wluch'was not easy for the partIcipants, the strong negotIatmgand problem- solvmg skills of Counsel on both SIdes, Mary Corrush for the Uruon, and Stephen Patterson for the EmployeI:, contributed greatly to the ultimate possibilIty of settlement: Helpful as well, was the SupportIve role of OlIVIa RebeIro, Student-at-Iaw I confirm my willmgness to carry out the role assIgned to me m the Memorandum of Settlement and order that the Memorandum of Settlement be made an orCler of tlus Board, Date~~~-1 tlus~r-II 1995 f \)