HomeMy WebLinkAbout1995-0211BLANCHARD96_11_12
OwrARIO EMPLOYES DE LA COURONNE
CROWN EMPLOYEES DEL'ONrARIO
1111 GRIEVANCE COMMISSION DE
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST, SUITE 2100, TORONTO ON M5G1Z8 TELEPHONE/TELEPHONE (416) 326-1388
180. RUE DUNDAS OUEST, BUREAU 2100, TORONTO (ON) M5G 1Z8 FACS/MILE/TELECOPfE (416) 326-1396
GSB # 211/95, 874/95
OPSEU # 95C509, 95C995
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN ,EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OPSEU (Blanchard)
Grievor
- and -
The Crown in Right of Ontario
(Ministry of Health)
Employer
BEFORE: S stewart Vice-Chairperson
FOR THE M. Keys
GRIEVOR Grievance Officer
Ontario Public Service Employees Union
FOR THE C Nikolich
EMPLOYER Counsel
Legal Services Branch
Management Board Secretariat
HEARING November 12, 1996
/
BOARD ORDER
Attached is the Memorandum of Settlement which the parties
agreed would be made an Order of the Board
DATED at Toronto, this 12th day of November, 1996.
);f) ::- (J Ll~ "-~.
S Stewart, Vice-Chairperson
,
.- GSB #'S 211/95 & 0874/95
THIS AGREEMENT made in triplicate
IN THE MATTER OF AN ARBITRATION UNDER THE
CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
BEFORE THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
ONTARIO PUBLIC SERVICE UNION
( "Union")
- and -
MONTH BLANCHARD
("Employee" )
- and -
THE CROWN N THE RIGHT OF ONTARIO
as represented by the Ministry of Health
(the "Ministry")
MINUTES OF SETTLEMENT AND RELEASE
WHEREAS the Grievor, on March 6, 1995 grieved a 10-day suspension
by the Employer and on May 30, 1995 grieved his dismissal by the
Employer (known as GSB #'s 211/95 and 0874/95)
AND WHEREAS the parties wish to resolve these grei vances, the
parties ag~ee to the full and final settlemen} ~ the grievances on
the follow~ng terms VJ :2::;, :) 1"-
I (Iii) . C
1 The Employer will pay to the Grievor a;:sum of six thousand
($6,000 000) dollars less statutory deductions in full and final
settlement of the above noted grievances
2 The Grievor agrees to resign from his position Heavy Duty
Cleaner, at the Whitby Menta 1 Health Centre, effective May 26,
1995, attached as Appendix "A"
3 The Employer agrees to provide a Letter of Employment attached
as as Appendix "B"
4 In consideration of the above paragraphs, the Grievor, by
executing this agreement, acknowledges his release from employment
and releases and forever discharges the Employer, its employees,
agents, officials and servants of and from all actions, causes of
actions, claims, complaints, grievances and demands of every nature
and kind whether arising at common law, in equity, by statute or
otherwise, arising out of or as a result of his employment with or
termination from employment with the Employer, including but not
limited to all claims arising under the collective agreement
between the Union and the Employer, Human Rights Code, the
Emplovments Standards Act, the Unemployment Insurance Act and the
Public service Act and its Regulations
5 It is understood by both parties that the payment referred to
~above satisfied any and all statutory and common law entitlements
~ owing to him due to the release of his employment, including
\;:V\ }:~benefits arising from the "termination" and "severance" provisions
~' 9-ot the' Emplovment Standards Act and the Public service Act and that
Cf'\l\echv'e Grievor will make no further claim to such entitlements other than
~le6~f)t that which is set out in this Memorandum.
6 The Grievor and the Union by executing this Memorandum
withdraw all grievances and complaints presently filed against the
Employer
7 The Union and the Employer can, upon 30 days notice of the
other party make this Memorandum an order of the Grievance
Settlement Board. lCel 5
I q 1<"'-G9 1 !
for the nion
--7~~o/
/ 1f-' - .~~~~z- d /.
for/the Grievor
/
/</I'!-/ 0(' 7 h /.,
/,..{ ~ ;It/ ~"V ',-- L~
Date / Date
,
~ APPENDIX "A"
May 26, 1995
Ron Ballantyne
Hospital Administrator
Whitby Mental Health Centre
P.O Box 613
700 Gordon street
Whitby, ontario
L1N 5S9
Dear Mr Ballantyne.
with this letter I am resigning from my position as Heavy Duty
Cleaner with the Whitby Mental Health Centre
Yours truly,
Monty Blanchard
/
APPENDIX "B"
November 12, 1996
TO WHOM IT MAY CONCERN
This will confirm that Mr Monty Blanchard was employed as a Heavy
Duty Cleaner within the Housekeeping and Laundry Services
Department at the Whitby Mental Health Centre from October 29, 1984
to May 26, 1995
These duties included ref inishing of floors, moving furniture,
operating heavy duty cleaning equipment, cleaning washrooms in an
institutional environment
Corey williams
Director, Housekeeping and Laundry Services