HomeMy WebLinkAbout2009-0358.Luty.09-07-21 Decision
Commission de Commission de
Crown Employeess
Grievance Grievance
règlement des griefs règlement des griefs
Settlement Board Settlement Board
des employés de la des employés de la
Couronne Couronne
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180 Dundas St. West 180 Dundas St. West 180, rue Dundas Ouest 180, rue Dundas Ouest
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GSB#2009-0358 GSB#2009-0358
UNION#2009-0234-0040UNION#2009-0234-0040
IN THE MATTER OF AN ARBITRATION IN THE MATTER OF AN ARBITRATION
UUnnddeerr
THE CROWN EMPLOYEES COLLECTHE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT TIVE BARGAINING ACT
BBeeffoorree
THE GRIEVANCE SETTLEMENT BOARD THE GRIEVANCE SETTLEMENT BOARD
BETWEENBETWEEN
Ontario Public Service Employees Union
èÏÔÎÏ
(Luty)
- and -
The Crown in Right of Ontario
(Community Safety and Correctional Services)
Employer
BEFORE
Daniel Harris Vice-Chair
FOR THE UNIONJennifer Fehr
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER
George Parris
Ministry of Government Services
Counsel
HEARING
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DECISION
[1] In accordance with the agreement of the parties, the Board orders, without prejudice or
precedent, as follows:
1. The Union and the Grievor agree to withdraw the above noted grievance;
2. The Parties agree that this Memorandum of Settlement shall be made an Order of the
Grievance Settlement Board;
3. The Parties agree that the letter dismissing the Grievor for cause effective March 20,
2009 shall be re-issued as a disciplinary suspension noting that the Grievor was on a
disciplinary suspension without pay from August 5, 2008 to July 10, 2009; and July 10,
2009 to July 20, 2009 shall be treated as leave without pay;
4. The Parties agree that any future conduct on the part of the Grievor similar to that which
gave rise to the disciplinary suspension shall result in the Grievor?s immediate dismissal
for cause from the OPS. In such a circumstance, the Parties agree that the Grievor and the
Union have waived any entitlement under the OPSEU Collective Agreement to grieve such
disciplinary action;
5. The Employer agrees to reinstate the Grievor as per clause one (1) of this settlement and
assign the Grievor to a six (6) month ¿xed-term contract (up to 40 hours a week) as a
Correctional Officer 2 at the Toronto West Detention Centre effective Monday July 20,
2009. The Parties agree that the Grievor does not have any guaranteed rights and/or
entitlements to further employment beyond the six (6) month contract being offered. With
regards to any further employment opportunities beyond the six (6) month contract as per
clause one (1) of this settlement, the Parties agree that the Grievor will be treated in the
same manner as all other ¿xed-term employees where his rights and entitlement will stem
from the OPSEU Collective Agreement and Government policies/directives;
6. The Parties agree that the Grievor will attend and participate in a WDHP-Interpersonal
Skills Development course provided and paid by the Employer within thirty (30) days of
the signing of this settlement or within a timeframe otherwise provide by the Employer.
The training will be a minimum of one (1) day of coaching;
7. The Grievor acknowledges that by signing this Memorandum of Settlement, he
understands it, and he signs it having been fully and fairly represented by a Union
Representative;
8. The Parties agree and acknowledge that they have not made any verbal or other
arrangements beyond what is contained in this settlement;
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9. This memorandum of settlement constitutes full and final settlement of any and all claims,
complaints, grievances or actions whatsoever that the above Grievor has or may have
against the Employer its representatives, employees and officials whether under a
collective agreement, statute, regulation, policy, contact or at law as a result of or arising
out of the Grievor?s employment by the Employer or the termination of that employment,
including but not limited to the Employment Standards Act and the Human Rights Code.
The Grievor hereby forever releases the Employer, its representatives, present employees,
and officials from all such claims, complaints, grievances and actions;
10. The parties agree that Arbitrator Dan Harris will be seized to deal with any Issues
regarding the implementation or interpretation of this agreement.
st
Dated at Toronto this 21 day of July 2009.
Daniel Harris, Vice-Chair