HomeMy WebLinkAbout1995-1124.Sanders.00-02-28 Decision
o NTARW EMPU) YES DE LA COURONNE
CROW"! EMPLOYEES DE L DNTARW
GRIEVANCE COMMISSION DE
. . SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 600 TORONTO ON M5G 128 TELEPHONElTELEPHONE, (416) 326-1388
180 RUE DUNDAS OUEST BUREAU 600 TORONTO (ON) M5G 128 FACSIMILElTELECOPIE. (416) 326-1396
GSB # 1124/95
OPSEU # 95E1l9
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano Pubhc ServIce Employees Uruon
(Sanders)
GIievor
- and -
The Crown m Right of Ontano
(ThaITIes Valle, Ambulance Lllmted)
Employer
BEFORE Eva E. MarszewskI Vice ChaIr
FOR THE Nick. Coleman
GRIEVOR Counsel
Gowlmg, Strath, & Henderson
Bamsters & SohcItors
FOR THE Kelh GrahaITI
EMPLOYER Counsel
Middlebro' & Stevens
Bamsters & SohcItors
HEARING October 18, 1999
Further to a medIatIOn/arbItratIOn heanng held In the above noted matter the partIes,
each represented by Counsel, reached a resolutIOn of the Issues In questIOn accordIng to the
terms set out In the Minutes of Settlement appended hereto as ExhibIt' A' The terms of the
Minutes of Settlement, appended hereto as ExhIbIt' A' are hereby Incorporated as an Order of
thIS Board. ThIS Board remaInS seIzed of thIS matter In the event that there IS any Issue WIth
respect to the ImplementatIOn of thIS award.
Dated at Toronto thIS 28th day of February 2000
,J) ~jf;
~,.~- ~";"'I::!.,r,_
Eva E MarszewskI, Vice-Chair
2
GSB NO 1124/95
IN THE MATTER OF A LABOUR ARBITRATION
BETWEEN
ONT ARIO PUBLIC SERVICE EMPLOYEES UNION
- and -
THE CROWN IN RIGHT OF ONTARIO
(Thames Valley Ambulance LImIted)
MEMORANDUM OF SETTLEMENT
WHEREAS Mr B Sanders and the Uillon filed a gnevance dated May 17 1995 (OPSEU #
95E119)
AND WHEREAS Mr Sanders commenced employment wIth the Thames Valley Ambulance
LImIted ("TV A") on November 5 1969 as an ambulance attendant;
AND WHEREAS Mr Sanders suffered vanous InJunes dunng the course of hIS employment,
IncludIng an Injury In May 1991 from whIch he was not able to return to actIve employment as
an ambulance attendant;
AND WHEREAS TV A wIshed to termInated the employment of Mr Sanders and Issued a notIce
of termInatIOn dated August 30 1994
AND WHEREAS the notIce of termInatIOn could not take effect untIl after November 8 1994
3
AND WHEREAS the Memorandum of Settlement between the partIcIpatIng ambulance servIces
and OPSEU was negotIated on September 22, 1994 and ratIfied on November 8 1994
AND WHEREAS the Memorandum of Settlement, page 6 ArtIcle 7 provIded for severance pay
of one week's pay per year of servIce for an employee who was unable to meet the condItIOns of
employment for physIcal or mental reasons and who was termInated by the employer
AND WHEREAS Mr Sanders was unable to meet the condItIOns of employment of ambulance
attendant for physIcal reasons and TV A wIshed to termInate hIS employement;
AND WHEREAS Mr Sanders was prepared to accept the termInatIOn of employment;
THEREFORE, the partIes agree to the folloWIng terms In full and final settlement of the above-
noted gnevance, on a wIthout precedent, wIthout preJudIce basIs
1 TV A wIll pay to Mr Sanders the sum of $1876000 as severance pay for 25 years of
employment;
2 The sum to be paid to Mr Sanders wIll be charactenzed as a retmng allowance and wIll
be paid by dIrect deposIt to the RRSP account of Mr Sanders pursuant to hIS lawful
dIrectIOn, wIthout tax wIthholdIng;
4
3 The sum to be paid to Mr Sanders wIll be paid wIthIn eIghts weeks of the date of the
award of the Gnevance Settlement Board IncorporatIng the settlement;
4 The partIes agree that the Gnevance Settlement Board wIll Issue an order IncorporatIng
thIS settlment; and
5 The Umon an Mr Sander wIll wIthdraw the above-noted gnevance
Dated at Toronto thIS 18th day of October 1999
" SIgnature"
Thames Valley Ambulance LImIted
"SIgnature"
Ontano PublIc ServIce Employees Umon
N Coleman, Counsel
" SIgnature"
B Sanders
5