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HomeMy WebLinkAbout1994-1257.McLaughlin.95-08-24 ONTARIO EMPLOYES DE LA COURONNE W' C{\ CROWN EMPLOYEES DE L'ONTARIO '1 ",:-1 (\11 1111 GRIEVANCE COMMISSION DE o /' .r. ,f{\ ~ SETTLEMENT REGLEMENT \ t\~ BOARD DES GRIEFS 180 DUNDAS STREET WEST, SUITE 2100, TORONTO ON M5G 1Z8 TELEPHONE/TELEPHONE (416) 326-1388 180, RUE DUNDAS OUEST, BUREAU 2100, TORONTO (ON) M5G fZB FACSIMILE/TELECOPIE (416) 326-1396 GSB# 1257/94 ATU# G-57-94BO IN THE HATTER OF AN ARBITRATION under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN ATU (McLaughlin) Grievor - and - The Crown in Right of Ontario (TATOA/Go Transit) Employer BEFORE: S Kaufman Vice-Chairperson p Klym Member M Milich Member FOR THE M. McFadden GRIEVOR Counsel Koskie & Minsky Barristers & Solicitors - FOR THE I Wolfe .. .. EMPLOYER Counsel Osler, Hoskin, & Harcourt Barristers & Solicitors BEARING March 22, 1995 June 6, 1995 August 24, 1995 AWARD Attached are the Minutes of Settlement which the parties agreed would be made an order of this Board Dated at Toronto this --- Susan D. Kau~' Vice-Chair - /d1~'~ y~;;i 'd Michael Milich Employer Nominee t~. ;7- Union Nominee .. .. GSB File No 1257/94 IN THE MATTER OF AN ARBITRATION BETWEEN Amalgamated Transit Union, Local 1587 ("the Union") - and - The Toronto Area TransIt Operating Authority ("Go Transit") -and- Tim McLaughlin ("Grievor") MINUTES OF SETTLEMENT The Union, Go Transit and the Gnevor (collectively, "the Parties") agree to the following terms and conditions as a full and final settlement of all outstanding issues raised by the grievance filed by the Grievor and the Union on or about September 28, 1994, alleging termmatlOn WIthout just cause (the "Grievance") 1 These Minutes of Settlement are without prejudice and/or precedent to any other matter that may arise between the PartIes or any two of them, and is without admIssion of l1abIlIty , 2 The Parties agree that the Grievor will contmue in an overcomplement pOSItIon at the Steeprock site, performing such bargaining urnt duties as assigned The Grievor will continue to be paid at the Bus Driver rate set out in the colltctive agreement. This paragraph is necessarily subject to and modified by the other paragraphs of these Mmutes of Settlement, 3 The Gnevor is ineligible for any driving position WIth Go Transit untIl October 1, 1997 On October 1, 1997 the Gnevor shall submit a standmg application for a Bus Dnver pOSItion, and the location chOIces shall mclude Newmarket and Steeprock, 4 Between the date of these Mmutes of Settlement and October 1, 1997, the Gnevor agrees to remain alcohol-free, and agrees and understands that during the said period he will be subject to random blood-alcohol analysis, the said analysis to be conducted by qualified medical practitioners, and Go Transit agrees the fight to demand random blood analYSIS from the Gnevor will be exercised reasonably, 5 The Union and the Grievor agree that in the event that the Grievor does not remain alcohol-free during the period described in paragraph No 4, then he is subject to discharge for just cause, and the only relevant issue for an arbitration board in the event a grievance is filed by or on behalf of the Griever is whether or not the Grievor was alcohol-free, 6 The Parties agree that the period between July 10, 1995 and when the Grievor returns to a Bus Driver position will be deemed to be a temporary medical re-assignment pursuant to Article 8 8(2)(ii) of the collective agreement, and all of the provisions of Article 8 8(2)(ii) shall apply except where such application would otherwise cause a conflict with these Minutes, and the Parties specifically mutually agree to extend the 12-month limitation set out in 8 8(2)(ii)(f) as necessary, 7 The Parties agree that these Minutes of Settlement shall issue as a consent order of the Grievance Settlement Board, 8 The Grievor and the Union agree to withdraw the grievance. DATED at Toronto, this 24th day of August, 1995 " Simon Clark" "Tim McLaughlin" For the Uruon Tim McLaughlin "John Sullivan" For Go Transit ~ ..