HomeMy WebLinkAbout1994-1577UNION95_10_25
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ONTARIO EMPLOYES DE LA COURONNE '1'\O:tv{)~
CROWN EMPLOYEES DEL'ONTARIO
1111 GRIEVANCE ~
COMMISSION DE riwv
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SETTLEMENT REGLEMENT :0'<;
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 2100 TORONTO, ONTARIO. M5G lZ8 TELEPHONE /Tt:Lt:PHONE (416) 326-1388
180 RUE DUNDAS OUEST BUREAU 2100 TORONTO (ONTARIO) M5G lZ8 FACSIMILE /Tt:Lt:COPIE (416) 326-1396
, ---..-.,---._,_._-.,.,..---,,......._---~ GSB# 1577/94
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I IN THE HATTER OF AN ARBITRATION
I
I OCT 3 0 1995
Under
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I I . ~,~~THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
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Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OPSEU (Union Grievance)
Grievor
- and -
The Crown in Right of ontario
(Management Board secretariat)
Employer
BEFORE: N Dissanayake Vice-Chairperson
p Klym Member
D Montrose Member
FOR THE R Davis
GRIEVOR Counsel
Koskie & Minsky
Barristers & Solicitors
FOR THE L Marvy
EMPLOYER Counsel
Legal Services Branch
Management Board Secretariat
HEARING October 13, 19, 1995
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GSB# 1577/94
OPSEU# MBS-U979
BOARD ORDER
Attached is the Memorandum of Settlement which the parties
agreed would be made an Order of the Board
DATED at Toronto, this 25th day of October, 1995
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N Dissanayake, Vice-Chairperson
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P. Klym, Member
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D Montrose, Member
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GSB File No. 1577/93
BEFORE THE GRIEVANCE SETTLEMENT BOARD
In the sat.t.er of
an Arbitration of a union Grievance
4ated september 20, 1994 (IItbe Union Grievanoetl)
BET WEE N:
on~ario Publi~ serviee Employee's onion
(the "uniontl)
- and -
The Crown in Right of ontario
(Manaqement Board secretariat)
(the "Employer")
pKORANDUH OF SETTLEMENT
WHEREAS the Union filed the Union Grievance claiming the
Employer was calculating seve~ance pay contrary to the provisions
of the Human Rights Code;
AND WHEREAS various individuals have file.d grievances-
claiming their severance pay was improperly calculated contrary to
the provisions of the Human Rights Code;
AND WHEREAS the Employer was notified by the Union on or
about January 1, 1994 that the Union considered its use of Article
53 6(b) of the Collective Agreement to exclude time spent on the
Long Term Income Protectl.on Plan from an employee's continuous
service used to calculate entitlement to, and the amount of,
severance pay to be contrary to the Human Rights Code;
AND WHEREAS the Employer ceased applying Article 53 6(b)
of the. Collective Agreement as of March 7, 1994:
AND WHEREAS the Union and the Employer hereby consent to
this settlement baing made an order of the Crown Employee's
Grievance Settlement Board.
NOW THEREFORE the following shall constitute full and
final settlement of the Union Grievance which claimed the Employer
has violated Article "A" of the ontario Public Service Collective
Agreement by denying portions of severance/Termination payments to
employees who have received long term income protection payments,
and requested that the Employer comply with Article "A" and
provide all effected employees with the proper
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Severance/Termination payments retroactively and w~ th irLterest on
any and all amounts owing
l Th.a Employer will calculate entitlement to, and
the amount of, severance pay for all employees who
retire on or after November 15, 1993 without
applying Article 53 6(0) of the collective
Agreement to the calculation of the employee t s
continuous service.
2 The Employer agrees to pay all employee ~vho retire
on or after November 15, 1993{ the severance pay
calculated pursuant to paragraph 1 above, together
with interest on any amount which was not paid due
to the application of Article 536(b), on or
before February 26, 1996
3 The Employer \-rill calculate entitlement to, and
the amount of severance pay without applying
Article 53 <<5 (b) (or its predecessor Article) for
all the individuals who filed grievances on or
before October 13, 1995 Claiming their se.verance
pay was improperly calculated due to the
applicat~on of Article 53.6(b) to the calculation,
and pay those employees the severance. pay so
calculated, together with interest calculated from
November 15, 1993 to the date of payment on any
amount which was not paid at the time of
termination due to the application of Article
53 6(b) within 60 days of being notified of
the grievance by receiving a copy sent by the
union to the attention of the Administrative
Assistant, Co-Ordinator Collective Agreements
Administration, Management Board Secretariat.
4. The Union hereby withdraws its grievance from
further consideration by the Grievance Settlement
Board.
DATED at Toronto, this 19th day of October, lS95
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FOR THE UNION
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