HomeMy WebLinkAboutUnion 09-10-30
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DEe 0 1 2009 I
mllEVANCE DEPA~TM~
IN THE MATTER OF AN ARBITRATION
BETWEEN:
CML HEAL THCARE INC. - IMAGING DIVISION
("CML")
AND:
ONTARIO PUBLIC SERVICE EMPLOYEE'S UNION AND ITS
LOCAL 668
("OPSEU")
RE: UNION GRIEVANCE 2008-0668-0006
GROUP GRIEVANCE 2008-0668-0007
SOLE ARBITRATOR:
Kevin M. Burkett
FOR THE EMPLOYER:
William G. Phelps - Counsel
FOR THE UNION:
Marion Melville ~ Counsel
Hearing held in Sudbury, Ontario on September 24, 2009
A WARD
A hearing in this matter was conunenced on September 24, 2009. There is
no dispute as to my jurisdiction to hear and determine this matter. The parties
entered into Minutes of Settlement at the hearing on September 24, 2009.
These minutes of settlement are attached as Appendix 'A' to my award.
Having regard to the agreement of the parties I hereby adopt the terms set
out in these Minutes of Settlement as my award in this matter and direct
compliance therewith.
I remain seized in the event of any issue arising in connection with the
implementation of the award.
DATED October 30,2000 in the City of Toronto, Ontario.
~~~
Kevin M. Burkett
MINUTES OF SETTLEMENT
Between:
CML HEAL THCARE INC. - IMAGING DIVISION
("CML")
- and -
ONTARIO PUBLIC SERVICE EMPLOYEES' UNION AND ITS LOCAL 668
C'OPSEU")
- and -
LYNNE DAVIDSON, WENDY LEFRANCOIS AND KELLY CARON
2008-0668-0006 UNION AND 2008-0668-0007 DAVIDSON GROUP
(the "Grievors")
The parties agree to the following settlement:
1. The Greivors remain classified as X-Ray Technologist Level 1 as that
classification is described in Article 26.05. That will not become a matter
for bargaining in the 2011 negotiations.
2. The X-Ray Technologist Level 1 classification includes persons with Bone
Mineral Density qualifications as described in Article 26.05. That inclusion
will not become a matter for bargaining in the 2011 negotiations.
3. The parties are in disagreement over the application of Article 22.05 to the
unique circumstances of this case. On the advice of the Arbitrator, and to
settle the disputed claims, CML will pay the following amounts as
reimbursement for training allowance expenses in previous years:
Lynne Davidson
Wendy Lefrancois
Kelly Caron
$1,400.00
$1,800.00
$1,300.00
This paragraph shall not be a precedent for the interpretation or resolution
of future matters.
4. Each Grievor shall remain entitled to become certified/registered for
Mammography or Barium Enema. In such event, Article 14.07 shall apply
and the practical training shall be provided by CML if, and at the time,
there isa vacancy.
If Article 22.04 applies to the circumstances then present, the Grievor who
has successfully become certifiedlregistered shall have a prior claim to the
training over any candidate claiming training under Article 22.04
Paragraph 4 of these Minutes shall continue in effect during future
agreements.
5. .~ a Grievor who has been employed full-time wishes to apply for a posted
part-time vacancy for a position covered by paragraph 4, she may do so
provided she has first discussed and agreed with the CML manager
whether there is an opportunity (without adding to total Level I or Level II
hours or reducing another employee's hours) to work her previous full-time
regular hours with the difference between those hours and her Level II
hours to be comprised of work in Level 1 at the Level 1 rate.
6. OPSEU and the undersigned Grievors hereby agree to these Minutes of
Settlement and to withdraw grievance number 2008-0668-0006, as well as
grievance number 2008-0668-0007, and agree that those matters are
hereby settled and that neither OPSEU nor the Grievors have any
remaining claims.
7. The parties agree that Arbitrator Burkett shall issue the terms of this
agreement as 'an award and shall remain seised on the implementation of
the terms contained herein. For clarity purposes, this consent award shall
remain private between the parties.
8, The undersigned Grievors each agree that they have been fairly
represented by OPSEU in this matter.
9, The parties agree that Arbitrator Burkett shall issue the terms of this
agreement as an award and shall remain seized on the implementation of
the terms contained herein.
CML HEALTH CARE INC. - IMAGINING
DIVISION
ONTARIO PUBLIC SERVICE EMPLOYEES.
UNION AND ITS LOCAL 668
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I hereby issue these Minutes of Settlement as my award.
K. M. BURKETT I ARBITRATOR