HomeMy WebLinkAbout1999-1278.Smith.00-12-15 Order
o NTARI 0 EMPLOYES DE LA COL'RONNE
CROWN EAIPLOYEES DE L 'ONTARIO
-- 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 #1278/99 1664/99 2001/99
OPSEU#00D161 00D162,00D163 00B003 99E173
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(DavId Smlth/Robert SmIth)
Gnevor
- and -
The Crown m RIght of Ontano
(Mimsm of the Envlfonment)
Employer
BEFORE Darnel A. HarrIs V Ice Chair
FOR THE Nelson Roland, Counsel
GRIEVOR Bamster and SolIcItor
FOR THE Yasmeena Mohamed, Counsel
EMPLOYER Stephen Patterson, Counsel
Carol Ann Witt, Counsel
Legal ServIces Branch
Management Board Secretanat
HEARING October 16 2000
2
These matters came before the Board on October 16, 2000 At that tIme the
followmg gnevances were consolIdated
ROBERT SmIth GSB#2001/99, OPSEU 00D161 (Surplus)
OPSEU 00D162 (Job competItIOn)
00D163 (Job competItIOn)
DA VE SmIth GSB# 1664/99 OPSEU 00B003 (Lay-off)
GSB#1278/99 OPSEU 99E 173 (Lay- off)
The consolIdatIOn was ordered because they have questIOns of law and fact
m common and the relIef claimed anses out of the same senes of occurrences In
partIcular, m these matters the umon raised a prelImmary Issue that there was no
valId delegatIOn of authonty underpmnmg and valIdatmg the employer's actIOn m
the first mstances
The partIes entered mto mediatIOn dIscussIOns at the begmnmg of the day
Those efforts contmued mto the evenmg and resulted m a full and final settlement.
That settlement was subject to ratIficatIOn by OPSEU It was also subject to a
confidentIalIty provIsIOn requested by the employer The terms of the settlement
are set out m correspondence dated October 26, 2000 from the Board to the
partIes That correspondence reads m part as follows
ThIS will confirm the agreement reached on October 16 2000 m the DavId SmIth and
Robert SmIth matters. After a full da, of mediatIOn the followmg terms were agreed
between the partIes
3
1) The emplover will pa, each gnevor the sum of $30 000 as general damages plus
$30000 as compensatIOn (subject to statuton deductIOns)
2) These gnevances and an, and all eXlstmg gnevances, gnevable matters or an,
other outstandmg dIsputes between the gnevors and the emplover are
dlscontmued and wIthdrawn, mcludmg, WIthOut dlmmlshmg the generah~ of the
forgomg, the matters current!, bemg pursued before the Ontano Labour
RelatIOns Board,
3) The partIes and both gnevors are bound b, the terms of thIS settlement;
4) OPSEU agrees that the prehmman Issue relatmg to the allegatIOn that there was
no vahd delegatIOn of authon~ to authonze the actIOns taken m respect of these
gnevors will not be raised m an, other matter relatmg to an, emplover actIOns
mvolvmg the reorgamzatIOns of thIS branch of the Mimsm of the EnvIronment
to the date of the agreement, bemg October 16 2000'
5) The partIes agree to keep the terms of thIS agreement confidentIal,
6) ThIs IS a full and [mal settlement between the partIes and the grelvors and no
other proceedmgs m an, other forum will be commenced or entertamed
regardmg these Issues.
The paragraphs four and five are subject to the ratIficatIOn of OPSEU and the emplover
respectIveh I understand from Mr Roland that he IS aWaItmg mstructIOns from OPSEU
that It agrees to paragraph 4 I understand from Ms. Mohamed, as expressed m the
course of settlement dIscussIOns, that paragraph 5 IS not an essentIal term of the
agreement. Accordmgh there IS no bar to Issumg thIS agreement as an Order of the
Board.
The Board receIved correspondence dated October 27, 2000 from the
gnevors' counsel, whIch reads as follows
Further to vour letter of October 26 2000 WIth regard to the above -noted matters, please
note that the Umon IS satIsfied WIth paragraph 4 Therefore kmdh Issue an Order as soon
as possible
On November 30, 2000 counsel for the employer sent the followmg
correspondence to the Board.
1. The emplover agrees WIth the terms of the agreement as stated under cover of
vour letter dated October 26, 2000
2. Accordmgh the emplover requests that vou Issue a Board order as per the
aforementIOned agreement.
4
Havmg heard the vanous submIssIOns of the partIes m the course of the
medIatIOn- arbItratIOn heanng, I am content that the settlement reached IS a
fair and Just resolutIOn of the Issues herem.
Accordmgly, It IS ordered that
1) The employer will pa, each gnevor the sum of $30 000 as general damages plus
$30 000 as compensatIOn (sub] e ct to statuton deductIOns)
2) These gnevances and an, and all eXlstmg grIevances, gnevable matters or an, other
outstandmg dIsputes between the gnevors and the employer are dIscontmued and
wIthdrawn, mcludmg, WIthOut dImmIshmg the generah~ of the forgomg, the matters
current!, bemg pursued before the Ontano Labour RelatIOns Board,
3) The partIes and both grIevors are bound b, the terms of thIS settlement;
4) OPSEU agrees that the prehmman Issue relatmg to the allegatIOn that there was no
vahd delegatIOn of authon~ to authonze the actIOns taken m respect of these gnevors
will not be raised m an, other matter relatmg to an, employer aCTIons mvolvmg the
reorgamzatIOns of thIS branch of the Mimsm of the EnVIronment to the date of the
agreement, bemg October 16 2000'
5) ThIS IS a full and final settlement between the partIes and the greIvors and no other
proceedmgs m an, other forum will be commenced or entertamed regardmg these
Issues
Dated at Toronto, thIS 15th day of December, 2000
Damel A. Hams, VIce-ChaIr