HomeMy WebLinkAbout1989-0394.Rampersaud.90-01-08 ONTA RIO EMPL 0 Y~.$ DE LA COURONNE
CROWN ~'MPL 0 YEE~ DE L 'ONTAR,~O
GRIEYANCE Cp~MISSlON DE
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 OUNDAS STREET WEST, TORONTO, ONTARIO. M5G 1Z8- SUITE 2100 TELEPHONE/T~L~PHONE
180, RUE DUNDAS OUEST, TORONTO. (ONTARIO) MSG ;Z8 - BUREAU2100 (416)598-0688
394/89
IN TEE MATTER OF i~N ARBITRATION
Under
T~E CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
Between:
0LBEU (Rampersaud)
Grievor
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario)
Employer
Before: N.Y. Dissanayake Vice-Chairperson M. Lyons Member
D. Daugharty Member
For the Grievor: E. Mitchell Counsel
Koskie & Minsky
Barristers & Solicitors
For the Employer: W. Zachar
Staff Relations Officer
Liquor Control Board'of Ontario
For the Employee: G. Dunlop
Incumbent Employee
2
ORDER
This is a grievance alleging that the grievor, Mr. Subhas
Rampersaud, was denied a promotion contrary to the collective
agreement.
On the day scheduled for hearing of the grievance, the
parties engaged in discussions and executed the following
minutes of settlement.
GSB # 394-89
Ontario Liquor Boards Employees' Union
-Union-
-and-
Liquor Control~Board of Ontario
-Employer-
Minutes of Settlement & Consent Order
Whereas the Union has filed a grievance on
behalf of Mr. Subhas Rampersaud ("the Grievor") and
a hearing was scheduled before the Grievance
Settlement Board ("the G.S.B.") on Nov. 28, 1989;
And whereas the parties are now willing to
agree as follows;
The parties therefore agree:
1. The Grievor shall be awarded the next Clerk 5
position, or position as a Products Technician,
in the Head Office in the Retail Division or
in the Merchandising Division;
3
2. Should an opening for a Clerk 5 in the Head
Office occur in the Distribution Division then
that position shall be offered to the Grievor
but the Grievor shall have one week to consider
that offer. Should the Grievor decide not to
take the Clerk 5 position in the Distribution
Division, his right to be awarded the next
position as a Clerk 5 or a Products Technician
shall not be affected by his refusal. Further,
he shall continue to be offered all openings
as a Clerk 5 in the Distribution Division with
the same option to refuse, until such time as
he is awarded or accepts a position pursuant
to these Minutes of Settlement and Consent
Order.
3. While the Grievor is awaiting his award or
acceptance of a Clerk 5 position or a Products
Technician position at Head office, the
Employer undertakes to facilitate a lateral
transfer for him from his current location in
District 11 to a position as a Senior Wine
Consultant in either the Queenston Road Store,
Hamilton, or the Fennel and Gage Store,
Hamilton, the Employer undertakes to make the
efforts to facilitate such a transfer as soon
as possible after the date of these Minutes of
Settlement and Consent Order. The Grievor's
entitlement to a position at Head Office shall
not be affected by such a transfer,, once
effected.
4. The parties agree to request that their
agreement issue as an order of the Arbitration
Board convened in.GSB File #394-89.
5. Should the Grievor accept a Clerk 5 position
in the Distribution Division, and
notwithstanding the provisions of the
Collective Agreement or the practice of the
Employer, the Grievor shall be allowed the
opportunity to apply for job postings, or any
openings whatsoever, as a Clerk 5 or a Products
Technician in the Retail Division or the
Merchandising Division.
6. By executing these Minutes of Settlement and
Consent order, the Grievor releases the
Employer from any and all other proceedings,
complaints, or any causes of actions whatsoever
arising from the job posting for the position
4
of Products Technician in Posting LCB -100-88,
Jan 18, 1989, "Amended". In particular, he
will withdraw his- complaint based on that
Posting and filed with the Human Rights
Commission.
7. All parties agree that the decision of the GSB
incorporating these Minutes of Settlement and
Consent Order is the full & final disposition
of Grievance GSB #394-89.
Dated at Toronto this 28th day of November, 1989.
"signed" "signed"
J. Chaykowsky Subhas Rampersaud
Union Grievor
"signed~
W. Zachar
Employer
"signed"
Greg Dunlop
Incumbent
In accordance with the agreement of the parties, the
Board hereby directs that the terms of the foregoing minutes
of settlement be complied with. This proceeding is
accordingly terminated.
Dated this 8th day of january-ri'990 at Hamilton, Ontario
Nimal V. Dissanayake
V~e-Chairperson
/ '~. 'Lyons"' ~ / '
/ Membe/~ ,
D. Daughar~y ~
Member