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HomeMy WebLinkAboutRipley 11-03-04 BETWEEN: ARBITRATOR: EMPLOYER COUNSEL: UNION COUNSEL: IN THE MATTER OF AN ARBITRATION UNDER THE ONTARIO LABOUR RELATIONS ACT MANITOULIN-SUDBURY DISTRICT SERVICES BOARD AND ONTARIO PUBLIC SERVICE EMPLOYEES UNION LOCAL 679 GRIEVANCE RE MARK RIPLEY AWARD BARRY STEPHENS MARK MASON, Hicks Morley ED HOLMES, Ryder Wright Blair & Holmes HEARINGS HELD IN SUDBURY ON MARCH 2, 2011 G, ~ '1ooq - O(o'lQ -OOO~ (lithe Employer") (lithe Union") AWARD [1] The parties met on March 2, 2011 to arbitrate the termination grievance of Mark Ripley. After discussions with the parties, and having heard the representations of counsel with respect to the background facts and issues in dispute, I hereby award as follows: (1) The grievor will be returned to work, subject to the same availability requirements in accordance with the terms of the collective agreement as in effect at the time his employment was terminated. (2) The grievor's records will be changed so that the termination is replaced with a five-day suspension, in keeping with the principles of progressive discipline. The five days are deemed to have been served. (3) The 18-month sunset provision of the collective agreement with respect to the five-day suspension shall run from the date of the completion of the grievor's orientation set out in paragraph 5 below. (4) The grievor's seniority shall be credited for the time from his termination to his return to work and is to be calculated based on his average days at work over the three years prior to his termination. (5) The grievor will attend orientation on April 13 and 14, 2011 and shall be paid his regular hourly rate for the hours spent attending such training. (6) The grievor shall be advised in advance of the qualifications which he is required to provide to the employer prior to returning to work. The grievor shall provide these at the time he attends orientation. (7) The grievor will be paid the sum of $2250.00, less all deductions. If the grievor has available RRSP contribution eligibility, he may opt to have the amount directed to his RRSP, in which case the funds shall be transferred to his RRSP without deductions. (8) I shall remain seized with respect to the implementation of this award. [2] The parties are hereby directed to implement the above terms of the award. 2