HomeMy WebLinkAbout2003-3764.Union.11-01-13 Decision
Commission de
Crown Employees
Grievance
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Settlement Board
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Couronne
Suite 600 Bureau 600
180 Dundas St. West 180, rue Dundas Ouest
Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 7pO
Fax (416) 326-1396 7pOpF
GSB#2003-3764
UNION#2003-0999-0032
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Union)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Janice Johnston
FOR THE UNION
John Brewin
Ryder Wright Blair & Holmes LLP
Barristers and Solicitors
FOR THE EMPLOYER
Benjamin Parry
Ministry of Government Services
Labour Practice Group
Counsel
HEARINGJanuary 10, 2010.
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Decision
[1]This case first came on for hearing on June 8, 2004. Since that time there have been
many days of arbitration and mediation. I have taken a view at two separate facilities.
The grievances allege that the Ministry has violated Article 9.5 of the collective
agreement dealing with VDT terminals.
[2]After much effort the parties have finally been able to resolve this matter. I wish to
commend them for their efforts and congratulate them on having come to what I view as
a very fair and reasonable settlement.
[3]The Minutes of Settlement read as follows:
GSB #2003-3764
OPSEU #2003-0999-0032
Grievances listed in Appendix A
Between:
Union
Ontario Public Service Employees Union
- and -
The Crown in Right of Ontario
as represented by the
Ministry of Community Safety and Correctional Services
Employer
WHEREAS
the Union has filed a Union Grievance and a number of individual grievances identified in
Appendix A alleging a violation of Article 9 of the Collective Agreement but would like to resolve the
matter;
WHEREAS
WKH(PSOR\HU¶VSRVLWLRQLVWKDW$UWLFOH RI the Collective Agreement has no application to
the Grievors but would like to resolve the matter;
WHEREAS
the Parties agree to the full and final settlement of all the above-referenced grievances,
without precedent and without prejudice, on the following terms:
(1)The Employer agrees to provide relief to the COs working 0700-1800 in the Central Control
Module at Maplehurst during peak periods in accordance with Appendix B to be negotiated by
the local parties within 75 days;
(2)The Employer agrees to provide relief to the CO working 0700-1800 in Unit #2 at Vanier Centre
for Women during peak periods in accordance with Appendix C to be negotiated by the local
parties within 75 days;
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(3)The Employer will pay a total of $25,000 as set out in Appendix D without deductions.
(4)The Union agrees to withdraw the Union grievance and all individual grievances listed in
Appendix A as well as any other grLHYDQFHVLQ$GXOW,QVWLWXWLRQDO6HUYLFHV¶GHDOLQJZLWK$UWLFOH
9.5. The Union further agrees that it will not file any future grievances alleging a breach of
Article 9.5 relating to any current institution unless there is a change in the applicable technology
being used or a change in current practice or the practice established pursuant to Appendix B or C
as referenced above. The Parties agree that the grievance filed by Emidio Casullo
(OPSEU#2006-0243-0299) is not withdrawn to the extent it raises issues related to Article 9
pursuant to the positioning of the monitors in A&D;
(5)The Union hereby releases and forever discharges the Crown in Right of Ontario and the
Employer, its servants, agents and directors of and from all actions, causes of action, grievances,
claims and demands of every nature and kind arising out of, or as a result of, in the Union
grievance and the circumstances giving rise to them, including but not limited to all claims under
WKH(PSOR\HU¶V:RUNSODFH'LVFULPLQDWLRQDQG+DUDVVPHQW3ROLF\WKH2QWDULROccupational
Health and Safety Act, Ontario Human Rights Code, the Public Service of Ontario Act and the
Employment Standards Act;
(6)The Parties agree that this Memorandum of Settlement is not an admission or concession of
liability or wrongdoing on the part of any Parties;
(7)The Parties agree that this written Memorandum of Settlement represents the complete settlement
agreement between the Parties in relation to the above noted grievances and any related matters.
The Parties agree and acknowledge that they have not made any verbal or other agreements
beyond what is contained in this written settlement;
(8)The Parties agree that Vice-Chair Johnston shall remain seized with the interpretation and
implementation of this settlement and is seized to determine the relief to be provided under
paragraph 1 or 2 in the event the local parties are not able to reach an agreement within the
specified period.
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Signed and dated this 10th day of January 2011.
[4]Accordingly as per the agreement of the parties I remain seized in the event that there are
any difficulties with regard to the enforcement, implementation or interpretation of this
Consent Order.
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Dated at Toronto this 13 day of January 2011.
Janice Johnston, Vice-Chair