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HomeMy WebLinkAbout1989-0156.Duckworth & Corbin.89-09-08 3 ~ ;- **~ '* -. ONTARIO EMPLOY~'SDELA COURONNE ',. ~' . CF~OWN EMPLOYEES DE L'ONTARtO r ' '~ ~ "~ '~' GRIEVANCE C,OMMISSION DE SETrLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST, TORONTO, ONTARIO. MSG 1Z8-SUITE2100 TELEPHONE/T~:L~-PHONE 180, RUE DUNDAS OUEST, TORONTO, (ONTARIO) M§G IZ8-BUREAU 2100 ~416) 598-0688 156/89, 181/89 IN THE KATTER OF AN ARBITRATION under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD Between: OPSEU (Duckworth and Corbin) Grievor - and - The Crown in Right of Ontario (Ministry of Community & Social Services) Employer Before: D.H. Kates Vice-Chairperson ~ I. Freedman Member G. Milley Member For the Grievor: M. Milczynski Counsel Gowling, Strathy & Henderson Barristers & Solicitors For the Employer: J. Vair Counsel Mathews, Dinsdale & Clark Barristers & Solicitors Hearing: August 10, 1989 Decision Two grievances were referred to this Board challenging the employer's refusal to credit the grievors with vacation leave during the period of their absence from work while on Workmens' Compensation. At the outset of these arbitration proceedings the employer requested an adjournment sine die pending the outcome of an application for judicial review of a previous GSB decision pertinent to the outcome of the instant grievances. The Board acceded to the employer's request for an adjournment sine die provided: {i) the employer undertakes to compensate the grievors {Corbin and Duckworth) forthwith i~ accordance with the relief requested in their grievances; and (ii} the grievors undertake in the event the employer is successful ~ in a judicial review application of The Depuis Cas~ 1335/86 (decision dated October 3, 1988) to reimburse the employer with respect to the compensation paid as above. Each of the parties provided the Board with thei.r oral undertakings as indicated. The decision to adjourn represents a decision of this Board and the terms thereof are enforceable as such. The Board shall remain seized.