HomeMy WebLinkAbout2003-0576.Kavanaugh.05-05-02 Decision
Crown Employees Commission de ~~
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
~-,...
Suite 600 Bureau 600 Ontario
180 Dundas Sl. West 180 rue Dundas Ouest
Toronto Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 Tel. (416) 326-1388
Fax (416) 326-1396 Telec. (416) 326-1396
GSB# 2003-0576 2003-0904
UNION#2003-0542-0005 2003-0542-0006
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Kavanaugh) Union
- and -
The Crown In RIght of Ontano
(Mimstry of Commumty and SocIal ServIces) Employer
BEFORE Barry B FIsher Vice-Chair
FOR THE UNION Ms CarolIne Jones
PalIare Roland Rosenberg RothensteIn LLP
BarrIsters and SOlICItorS
FOR THE EMPLOYER Rosalyn PnncIpe
Counsel
Management Board Secretanat
HEARING Apnl 26 2005
2
Award
The partIes reached a settlement of these two matters as a result of a medIatIOn held on
September 21 2004 As the settlement Itself was confidentIal, I wIll not set out Its terms In thIS
Award.
The Umon has brought thIS matter further before me under the provIsIOn In the
Memorandum of Settlement whereby I retaIned JunsdIctIOn to deal wIth any dIsputes ansIng
from the ImplementatIOn of thIS Award.
The Board orders as follows
1 EffectIve Apnl 27 2005 the Gnevor shall be placed on a paid leave of absence,
wIthout loss of benefits or semonty untIl such tIme as the Employer complIes
wIth paragraph 1 of the Memorandum of Settlement.
2 The Employer shall advIse the Gnevor and the Umon of the posItIOn In whIch he
IS beIng placed by means of a fax to the Umon (c/o Mark Barclay) and by couner
and bye-mall to the Gnevor at the addresses provIded to the Employer by the
Gnevor at the heanng.
3 The notIce reqUIred In paragraph 2 of thIS A ward shall be gIven on three (3) clear
calendar days' notIce, not countIng the day of servIce or the day that the Gnevor
IS expected to attend at work.
4 If, dunng the penod of tIme that the Gnevor IS on paid leave of absence pursuant
to thIS Award, there IS a stnke or lockout, then the paid leave of absence wIll be
suspended for the duratIOn of the stnke or lockout.
5 I contInue to retaIn JunsdIctIOn wIth respect to any dIspute ansIng from the
admInIstratIOn, ImplementatIOn or enforcement of both the ongInal Memorandum
of Settlement and thIS Award.
~a~.rd at Toronto ~~~s 2nd day of May 2005