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HomeMy WebLinkAboutSwan 08-04-07 APr.la. iUU6 J:ia~M No,4~8~ ~. U4 In the Matter of an Arbitration Between Muskoka Algonquin Health Care (Hereinafter referred to as "the Employer") And Ontario Public Service Employees' Union (Hereinafter referred to as "the Union") Sole Arbitrator: Felicity D. Briggs For the Union: John Brewin For the Employer: Scott MacInnes ~~CEOVIE'fD) APR 1 5 2008 --- ---..._- I ....--....-- - o~~\::::.. \...) ~\"-C~L66k.~ c:::3 ~lo -000,-\ . /i~I'IJ' LVVO 0.LJIIVI IH .4::J a tJ r'. 0/4 The following is a consent award. A hearing into this matter was held on January 16, 2008. The Employer and the Union met on February 1,2007 to Ii;"" resolve a dispute between them. The dispute was resolved by entering into an agreement with certain tenns. most of which are not relevant to this caSe. One provision, however~ is relevant: "The parties agree that this Settlement will not be referred to or disclosed to the Interest Arbitration Board or in the Labour Board proceedings that are currently under way concerning allegations of unfair labour practices." Subsequently, the Employer representative referred to the agreement while making representations to the interest arbitration board. I find that, by divulging the existence of the agreement between the Union and the Employer dated February 1, 2007, the Employer's representative breached that agreement. The Employer's representative has provided a written apology (attached) and the apology has been accepted by the Union. As a result, all outstanding matters related to the breach are now resolved. Dated in Toronto this 7th day of April, 2008. Felicity D. Briggs l-\~r,IJ' LUUIJ J.LJnVI I~ 0 . 4 ::J a tJ r'. 4/ 4 LD. Foreman & Associates ltd. PERSONNEL & LABOUR RELATIONS SERVICES 47 Lakeshore Blvd. Kingston, ON K7M 6R4 613-389-88.20 Fax: 613-389~3849 E-mail: foreman@kingston.net Please Reply to: Kingston Office 0 Toronto Office 0 503 Davenport Rd. Toronto, ON M4V 188 416-921-5795 2008 April 3 LETTER OF APOLOGY I recognize that the Memorandum of Agreement dated February I, 2007 contained a requirement that the "Settlement will not be refel1'ed to or disclosed to the Interest Arbitration Board or in the Labour Board proceedings that are currently under way concerning allegations of unfair labour practices. n Unfortunately, I fOlgat that the Agreement contained the requirement and referred to the settlement at the Interest Arbitration Board on May 28t 2007. I sincerely apologiu for this action. On my own behalf and as a representative of the Employer, I make a commitment that this will not happen again. Sincerely, L.D. Foretnan MA CHRP