HomeMy WebLinkAbout1994-1257.MCLAUGHLIN.96_04_29
ONTARIO EMPLOYES DE LA COURONNE ~ CYl
CROWN EMPLOYEES DE L'ONTARIO " ",'1 (\-\1
GRIEVANCE COMMISSION DE Q 1,\
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1111 SETTLEMENT REGLEMENT /," \ (X'
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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 1Z8 FACSIMILE/TEUECOPIE (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. I<1ym Member
M Milich Member
FOR THE M. McFaddan
GRIEVOR Counsel
Koskie & Minsky
Barristers & Solicitors
-
FOR THE I Wolfe ~ ~
EMPLOYER Counsel
Osler, Hoskin, & Harcourt
Barristers & Solicitors
HEARING 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 29th day of April, 1996
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~Ue'C::YI4;;i 'd
Michael Milich
Employer Nominee
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Union Nominee
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,
GSB File No 1257/94
IN THE MATTER OF AN ARBITRATION
BET WEE N'
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 Grievor (collectively, "the Parties") agree to the
following terms and conditlOns 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
termination 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
lIabIlIty ,
2 The Parties agree that the Grievor will continue in an overcomplement pOSItIOn
at the Steeprock site, performmg such bargaining unit duties as assIgned The Grievor will
continue to be paid at the Bus Driver rate set out in the cOlltClIve agreement. This paragraph
is necessarily subject to and modified by the other paragraphs of these Mmutes of Settlement,
3 The Grievor is ineligible for any drivmg position with Go Transit untIl October
1, 1997 On October 1, 1997 the Grievor shall submit a standing 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 Grievor
agrees to remam alcohol-free, and agrees and understands that during the said penod he will be
subject to random blood-alcohol analYSIS, the said analysis to be conducted by qualified medical
practitioners. and Go Transit agrees the nght to demand random blood analYSIS from the Grievor
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
gnevance is filed by or on behalf of the Griever is whether or not the Gnevor 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 Umon Tim McLaughlin
"John Sullivan"
For Go Transit
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