HomeMy WebLinkAbout1994-0401.WHITE95_04_21
~ ONTARIO EMPLOYES DE LA COURONNE
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CROWN EMPLOYEES DE L'ONTARIO
1111 GRIEVANCE COMMISSION DE -0.\
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SETTLEMENT REGLEMENT
BOARD DES GRIEFS
ISO DUNDAS STREET WEST SUITE 2100, TORONTO, ONTARro. MSG lZS TELEPHONEITEUipHONE (416) 326- 1388
180, RUE DUNDAS OUEST BUREAU 2100. TORONTO (ONTARIO) MSG IZ8 FACSIMILE ITELECOPIE (416) 326-1396
GSB# 40~/94
OPSEU# 94B574
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IN THE HATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OPSEU (White)
Grievor
- and -
The Crown in Right of ontario
(Ministry of the Attorney General)
Employer
BEFORE: S. Kaufman Vice-Chairperson
E. Seymour Member
A. Merritt Member
FOR THE G. Adams
GRIBVOR Grievance Officer
ontario Public Service Employees Union
FOR THE J. Zarudny
EMPLOYER Counsel
Crown Law Office civil
Ministry of the Attorney General
GSB# 401/94
OPSEU# 94B574
BOARD ORDER
Attached is the Memorandum of Settlement which the parties
agreed would be made an Order of the Board.
DATED at Toronto, this 10th day of May, 1995
~_/~
.-E. Seymour, Member
QfJL S )41~ *
A. Merritt, Member
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G S B File No 0401/94
IN THE MATTER OF an arbitration before the
Crown Employees Grievance Settlement Board,
G S B File #0401/94
BETWEEN
OPSEU (JAMES WHITE)
--'
Grievor
- and -
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO
Employer
.. MEMORANDUM OF SETTLEMENT
THE PARTIES to this agreement hereby agree, in full and final settlement
of the above-noted grievance and on a without precedent and without prejudice basis,
to the following terms.
1 The Employer agrees to rescind the letter of dism:ssal issued to the Giievor
on January 10th, 1994,
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2. The Employer agrees to replace the above-noted letter of dismissal with
a disciplinary letter of suspension without pay covering the period November 8th, 1993
until on or about August 9th, 1995 - the understanding being that the Grievor would be
eligible for the Factor 80 Early Retirement Program as of that date,
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3 The parties agree that during the suspension without pay period identified
above, the Grievor will still accumulate seniority up to the date on which the Grievor will
be eligible for the Factor 80 Program - namely, on or about August 9th, 1995,
4 The Grievor agrees upon signing this agreement to resign irrevocably
effective on the date upon which he would be eligible for the Factor 80 Program -
namely, on or about August 9th, 1995,
5 During the period of the suspension without pay noted above, the Grievor
agrees to make his pension contributions to the point that he becomes eligible for the
Factor 80 Program, namely, on or about August 9th, 1995 These contributions shall be
paid at the rate that they would have been made had the Grievor actually been at work
during this time period The above-noted contributions will be deducted from any
payment from the Employer in response to or in settlement of the Provincial Prosecutor's
Tribunal award, dated June 28, 1994
The Employer agrees that during the period of the suspension without pay -
noted above, the Employer agrees to make their pension contributions to the point that
the Grievor becomes eligible for the Factor 80 Program, namely, on or about August 9,
1995, without any cost to the Grievor
6 The parties understand that the terms and conditions of this settlement are
,
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designed to allow the Grievor the opportunity to access the Factor 80 Early Retirement
Program Should the specifics of these terms of settlement falls short of providing this
opportunity then the parties agree to re-visit these terms to attempt to reconcile the
specific issues on which any denial of the Factor 80 Program was made,
7 The parties agree that upon retirement, the Grievor will be eligible for all
normal benefits flowing to Factor 80 retirees;
8 The parties agree that this settlement may be made an order of the
Grievance Settlement Board upon the request of either party after 15 days prior notice,
and
9 The Employer and the Union agree that any difference arising from the
implementation or failure to implement these terms of settlement may be referred to the
Grievance Settlement Board for arbitration.
10 The Union and the Grievor agree to withdraw the above-noted grievance
11 The Grievor hereby releases Her Majesty the Queen in Right of Ontario,
and any and all of her servants or agents in respect of any and all claims, complaints,
.
,
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actions, or otherwise, available to the Grievor as of the date of the signing of this
agreement, arising out of the Grievor's employment.
DATED at N.4IM]aJJ ,this~/ S/day of ~ ,1995
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Witness James White ~ 't /oJ/'1: 'f S-
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