HomeMy WebLinkAbout1994-1668ANDERSON95_07_25
..-- ONTARIO EMPLOytS DE LA COURONNE J.~ '
CROWN EMPLOYEES DE L'ONTARIO ~(C'- tLj
GRIEVANCE COMMISSION DE SqS.,r
, ,dO
1111 SETTLEMENT REGLEMENT "-'
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 2100, TORONTO, ONTARIO M5G lZ8 TELEPHONEITIiLSPHONE (416) 326-1388
180, RUE DUNDAS OUEST BUREAU 2100, TORONTO (ONTARIO) M5G IZ8 FACSIMILE ITSLSCOPIE (416) 326-1396
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RECE!\/ED GSB# 1668/94, 1668A/94, 1668B/94
OPSEU# 94F383, 94F386, 94F384, 94F385
JUL 2 4 1995 I'
PUBLIC SERVice IN THE MATTER OF AN ARBITRATION
APPEAL BOARDS
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OPSEU (Anderson)
Grievor
- and -
The Crown in Right of ontario
(Ministry of Community & Social services)
Employer
BEFORE: W. Kaplan Vice-Chairperson
FOR THE C Walker
GRIEVOR Job Security Officer
Ontario Public Service Employees Union
FOR THE D Strang
EMPLOYER Counsel
Legal Service Branch
Management Board Secretariat
GSB# 1668/94, 1668A/94, 1668B/94
OPSEU# 94F383, 94F386, 94F384, 94F385
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 July, 1995
/;11 ;------
w Kaplan, Vice-Chairperson
.,-/
GSB File Nos 1668/94, 1668A/94, 1668B/94
MEMORANDUM OF SETTLEMENT
BET WEE N
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
( OPSEU)
- and -
NORA ANDERSON
( Grievor)
- and -
THE CROWN IN RIGHT OF ONTARIO
as represented by
MANAGEMENT BOARD SECRETARIAT,
MINISTRY OF THE ATTORNEY GENERAL,
MINISTRY OF COMMUNITY AND SOCIAL SERVICES
AND THE OXFORD REGIONAL CENTRE
(the Employer)
The parties agree as follows
1 The Memorandum of Agreement titled "Direct Assignment of
Surplus Employees - Pilot Program" a copy of which is
attached hereto as appendix ' A' formed part of the
Collective Agreement between the parties and that
notwithstanding the six-month term in that agreement, its
terms were extended indefinitely prior to December 31,
1993 The terms of the aforesaid direct assignment of
surplus employees agreement formed part of the working
conditions of members of the bargaining unit when the
last collective agreement expired and form part of the
working conditions preserved by s 81 of the Labour
Relations Act These provisions are applicable in the
event of a facility closure during the period s 81
preserves working conditions including the closure of the
Oxford Regional Centre
2 When placing employees under s 3 of the aforesaid direct
assignment of surplus employees agreement, a
determination must be made as to whether or not one or
more surplus employees are "minimally qualified" to
perform the work of a vacant position when surplus
employees are matched to the vacancy and where that
requirement is met, by one or more employees, to make an
assignment on the basis of seniority, geographical
location, salary and classification and skill level
3 The parties request that the foregoing agreement be
issued as an order of the Board in this matter
Signed this I t.( tl day of July, 1995
e Crown ht of Ontario
l~~~ .
Ontario Public Service Employees Union
,~ "
,l
GSB File Nos 1668/94, 1668A/94. 1668B/94
D R A i' T
PROPOSED MEMORANDUM OF SETTLEMENT
BET WEE N
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
(OPSEU)
- and -
NORA ANDERSON
( Grievor)
- and -
THE CROWN IN RIGHT OF ONTARIO
as represented by
MANAGEMENT BOARD SECRETARIAT,
MINISTRY OF THE ATTORNEY GENERAL,
MINISTRY OF COMMUNITY AND SOCIAL SERVICES
AND THE OXFORD REGIONAL CENTRE
(the Employer)
WITHOUT PRECEDENT OR PREJUDICE the parties agree to settle OPSEU
grievance Nos 94F 383, 94F 386, 94F 384, and 94F 385 filed as GSB~
Nos 1668/94, 1668A/94 and 1668B/94 as follows . 4
v~~~ ~~...... "-~~",-Jw-~ -i...\...~ /,
1 The Employer will rescind Nora Anderson's assignment
SW94/18 to Ministry of Transportation at London as a
Senior Construction Clerk OAG 8 and return her to the
position of residential counsellor at the Oxford Regional
Centre, Woodstock as of the date of this settlement ~\~
~ 2 Nora Anderson's surplus status will be reactivated "i"or
~ ;:-~"',.........~ \'f'IoLh~ fiL~L .ix lIlOl,tl.3 of her ~"rl'l"o 1'0 ieEi aft~r the date
I of thiii ii~tt] ement, she will be eligible for positions 3%
above and 10% below her current salary parameters
3 Nora Anderson will 1ge e:nti tle:d t-Q commence her retraining
entitlement under Article 24 of the Collective Agree~
as of the date of this settlement 'Ire:. /Ot t 1\) tc:..ke.., bd-o,c-
F~l4rv~d"7 6, d1~ WI ({ b~ k..kcl\ 14>1 WcoJsfock r::;;;i!-
4 Nora Anderson shall be assigned to the first available
vacancy in Woodstock which is within her salary
parameters and for which she is minimally qualified
After ~i)( months she may be assigned to positions in zone
one as de1ribed in the Employer's direct assignment
program ~
fdo#~ ",.Jy D) /~ ft _
5 It is agreed that the assignments of Meg Wallace to the
position of trial coordinator OAG 9 at the Woodstock
Courthouse and Zenon Fekner to civil operations clerk OAG
8 are final and will not be challenged in any grievance
or claim whatsoever except to the extent that Zenan /
Fekner may challenge his own assignment in a grievance J/
already filed with the Employer r ./
(SOO~ '''o~
6 The Employer will pay to Nora Anderson a sum of ~.--B{} /
/
on acc_ount of travel e~~s CLt1C' (..c tvt!yf 10 dayt; or t/r....cc../-tCv1. t/
fc../u" "~J.....,,, f!'IS -to 10 do..y C' f ~-,c..^ f{ /1Ft e...
7 The foregoing represents a full and final settlement of
claims raised in the aforementioned grievances and they
are hereby withdrawn
Signed this G. \-l... day of July, 1995
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~~ ~~~ . V'vl C. C.A/,--,~ \" d- .
Nora Anderson ' r;hv~i9h6 of Ontario
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Ontario Public Service Employees Union