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.
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