HomeMy WebLinkAbout1989-0391.Nierenhausen.89-11-27s ONTA.t?IO EMPLOY~SDELA CO”RONNE cRowNEMP‘oIEEs DE L’ONTARIO
GRIEVANCE
q q BOARD
CQMMISSION DE
SElTLEMENT REGLEMENT
DES GRIEFS
Between:
391/89, 889/89
IN THE HATTER OF AN ARBITRATION
Under
THE CROWN EHPLOYEES COLLECTIVE BARGAItiING ACT
Before
THE GRIEVANCE SETTLE?lENT BOARD
OPSEU (K. Nierenhausen)
- and -
The Crown in Right of Ontario
(Ministry of the Attorney General)
Grievor
Before:
For the Gkievor:
For the Employer: M. Uhlmann
Staff Relations Officer
Ministry of the Attorney General
Employer
N.V. Dissanayake
M. Lyons
M. O'Toole
Vice-Chairperson
Member
Member
K. Nierenhausen
Grievor
G. Richards
Senior Grievance Officer
Ontario Public Service
Employees Union
BOARD ORDER
Attached hereto is a executed Memorandum of Settlement
which the parties agree would be made an order of the Board.
DATED at Toronto, Ontario this 27th day of November, 1989.
~I N.M. Dissanayake, vice-chairperson
N. O'Toole, Member
PG. 3
MFxoRANDuM OF SETTLENENT
BETWEEN:
THE CROWN IN RIGHT OF ONTARIO (The Ministry of the Attorney General)
- and -
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION
The Union
RE: Grievances of Ken Nierenhausen
1. Improper RPT designation, dated April 14, 1989
2. Discrimination - hours of work/status, dated April 14,
1989
3. Constructive discipline without cause, dated April 14,
1989
4. Improper classification, dated April 14, 1989
5. Discrimination - process serving, dated July 14, 1989 GSB # 0391/89, 0889/89
The Parties hereto agree to the following terms as full
and final settlement of the captioned grievances:
. . . I2
PG. 4
1. The Ministry acknowledges that the grievor has worked the
equivalent of full-time hours from September 1986 to
April 14, 1989.
2. The Ministry agrees to pay the grievor a lump sum payment
equivalent to 11.25 hours X number of weeks from April
14th, 1989, to October 30th, 1989, at $13.64 per hour,
less mandatory deductions required by law. The said sum
to be paid within 30 days of this Agreement being deemed
an order of the GSB.
3. The Ministry agrees to temporarily assign the grievor to
full-time work hours of I 1\4 hours per day, in the
position of Security Officer, until December 31, 1989,
and the parties agree that article 4 of the Collective
Agreement shall not apply to the said assignment.
4. Effective January 1, 1990, the grievor will revert to
regular part-time hours of a minimum of 25 hours per
week, in a position at the grievor's current OA-06 level
to be determined by the Ministry and he shall not be
released from employment as a result of the
implementation of Bill 187.
5. The Ministry agrees to make any necessary adjustments to
the grievor's benefits which have not already been made,
from September 1986 until December 31, 1989, to reflect
full-time work hours. This may include adjustments to
the following benefits: OHIP, Supplementary Health and
. ../3
PG. 5
Hospital Insurance, Vacation-Credits, Dental Plan, Short
Term Sickness Plan and Employer's Pension Plan. The
Ministry undertakes to make the said adjustments within
no more than 60 days from the date of this Agreement
being deemed an order of the GSB.
6. The details of the Settlement will be confidential
between the parties.
7. The Union and the grievor agree that, the five (5)
grievances filed by the grievor, as captioned, are
withdrawn.
8. This Agreement shall be made a consent order of the
Grievance Settlement Board.