HomeMy WebLinkAbout2004-0760.Card.06-08-14 Decision
.
.
Crown Employees Commission de ~
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
~
Suite 600 Bureau 600 Ontario
180 Dundas S1. 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
G.SB# 20~.4~q048, 2004-0760, 2004-1245, 2004-1246, 2004-1861,
2004-2394,2004-2395,2004-3524,2005-0021
UNION# OLB140/04, OLB166/04, OLB260/04, OLB261104, OLB469104,
OLB637/04, OLB641104, OLB659/04, OLB079105
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN B 11O~o4-
Ontario Liquor Boards Employees' Union o L ...1
(Card) Union
',...---'
- and -
The Crown in Right of Ontario
~ (Liquor Control Board of Ontario) / Employer
BEFORE Bram Herlich Vice-Chair
FOR THE UNION Larry Steinberg
Koskie Minsky LLP
Barristers and Solicitors
FOR THE EMPLOYER Alison Renton
Counsel
Liquor Control Board of Ontario
HEARING June 8, 2005.
^
.
2
Order
On the day scheduled for hearing in these matters, the parties and the grievor executed
Minutes of Settlement which included the following material provisions (I have not reproduced
the recitals or the signature portions of the Minutes):
1. The Grievor and the Union shall withdraw the Grievances, not to be re-
filed;
2. The Grievor shall be reinstated to the position he held prior to his
termination, with no loss of seniority, effective June 20, 2005;
3. The period of time from the Grievor's termination on February 23,2005 to
his date of reinstatement shall be treated as a suspension without pay;
4. The Parties agree that any further acts of misconduct, which include but
are not limited to, culpable absenteeism (exclusive of vacation, pre-
approved absences, serious illness or serious accident), failure to follow
facility rules pertaining to absences and reporting of absences, and/or
insubordination, shall result in the automatic termination of the Grievor
and the Parties agree that the Grievor shall not have the right to redress
through the grievance and/or arbitration process except to establish the
veracity of the facts upon which the Employer relied;
5. The Parties agree that an arbitrator's jurisdiction shall be limited solely to
determining the veracity of the facts upon which the Employer relied, as
set out in paragraph 4 above, and the Parties agree that an arbitrator shall
not have the jurisdiction to substitute the penalty of discharge if the
veracity of the facts is determined;
6. The Parties agree that the settlement is without prejudice or precedent to
any other matter between the Employer and the Union, and without
admission of liability on behalf of the Employer and such liability is
specifically denied;
7. The Grievor and the Union as the Grievor's agent and on its own behalf,
except the settlement as constituting a complete and final settlement of all
matters raised in or which could have been raised in the Grievance;
8. The Grievor agrees that the settlement is exhaustive of any and all claims,
rights and entitlements that the Grievor may have pertaining to his
grievances pursuant to the Human Rights Code, Employment Standards
Act, Crown Employees Collective Bargaining Act, Labour Relations Act,
-
. 3
1995, or any such legislation, and the Collective Agreement between the
Employer and the Union;
9. The Grievor and the Union agree that there are no grounds set out in the
grievances that required to the employer to accommodate the Grievor;
10. The Grievor acknowledges that he understands the terms and conditions of
the settlement, that he has had the benefit of receiving advice from the
Union and its counsel, and that he signs the Minutes of Settlement freely
and voluntarily and without coercion or duress;
11. The discipline will be removed in accordance with Article 26.2 of the
Collective Agreement;
12. The Parties agree that this will be issued as an order ofthe Grievance
Settlement Board;
Having regard to the agreement of the parties just set out, I hereby direct them to comply
with its terms.
Dated at Toronto this 17th day of June 2005.
~....,.,!.. II '~"""""J"'!J.,,,,,,,, ",,'-
....
Bram Herlich, Vice-Chairperson