HomeMy WebLinkAbout2004-4046.Marques.05-07-25 Decision
Crown Employees Commission de ~~
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
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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# 2004-4046
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
ASSOcIatIOn of Management, AdmInIstratIve and
ProfessIOnal Crown Employees of Ontano
(Marques) Association
- and -
The Crown In RIght of Ontano
(Ontano Clean Water Agency) Employer
BEFORE Bram HerlIch Vice-Chair
FOR THE UNION James K. McDonald
Counsel, Sack, Goldblatt Mitchell
BarrIsters and SOlICItorS
FOR THE EMPLOYER Len HatzIs
Counsel
Management Board Secretanat
HEARING July 19 2005
2
DeCISIon
HavIng heard the submIssIOns of the partIes, and havIng consIdered the CIrcumstances of
thIS dIspute, I hereby order
1 A thIrty day (30) suspensIOn wIll be substItuted for the termInatIOn of the
Gnevor from employment and the termInatIOn letter dated October 21 2004
Issued to the Gnevor wIll be amended to reflect a thIrty day suspenSIOn.
2 The Gnevor wIll be reInstated to employment wIth the Employer subJect to the
terms set out below
3 The Gnevor for the tIme penod November 20 2004 to August 2 2005 shall be
deemed to be on a leave of absence wIthout pay
4 The Employer shall not be responsIble for any momes, benefits or penSIOn
oblIgatIOns of any kInd for the tIme penod up to August 2, 2005 wIth respect to
the Gnevor
5 The Gnevor shall not pursue any claim for overtIme compensatIOn whIch he
raised for the tIme penod of October 1 2003 - December 31 2004
6 The Employer wIll receIve restItutIOn from the Gnevor In the total amount of
$1250 00 ThIS money wIll be paid to the employer by vIrtue of a setoff of
$100 00 on each of the Gnevor's paycheques upon hIS return to work.
7 The Gnevor wIll return to work begInmng August 2, 2005 at hIS former
posItIOn of InstrumentatIOn SpecIalIst, under the dIrectIOn of Gord WillIams
3
8 In all other respects, the dIspute IS dIsmIssed.
Dated at Toronto thIS 25th day of July 2005
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