HomeMy WebLinkAbout1989-1880.Horne.92-03-12 ONTARIO EMPLOYES DE LA COURONNE
CROWN EMPLOYEES DE L'ONTARIO
180 OUNDA$ STREET wE$~ SUITE 21~, TORONTO, ONTAR~, M5G ?Z8 TELEPHONE/T~HONE: ~416) 326-~358
180, RUE DUNDAS OUEST, BUREAU 2100, TORONTO ~ONTARIOJ, M5G IZ8 FACSIMILE/~L~CO~E : (4 r6) 325- 7395
1880/89
IN THE MATTER OF At;ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE E~RGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Textile Processors, Service Trades,
Health Care, Professional and Technical Employees
International Union, Local 351-A, (Home)
Grievor
- and -
The Crown in'Right of Ontario
(Metropolitan. Toronto Convention Centre Corporation)
Employer
BEFORE: G. Simmons Vice-Chairperson
E. Seymour Member
D. Montrose Member
FOR THE C. Flood
GRIEVOR Counsel
Koskie & Minsky
Barristers & Solicitors
FOR THE R. MacDermid
EMPLOYER Counsel
Kerzner, Papazian, MacDermid
Barristers & Solicitors
HEARING February 4, 1992
DECISION
When the Board reconvened, having issued interim decisions dated
August 23, 1990 and September 24, 1991 concerning preliminary matters, the
Parties stated that they were in the process of negotiating a seHlement. Later we
were informed that they had reached a settlement and requested the Board to
include the Terms of Settlement in a Consent Order of the Board.
The following are the terms of the Memorandum of Settlement:
The Parties agree to resolve their outstanding differences
on the following terms and conditions and mutually
request that, where appropriate, the Board issue the
following in a Consent Order:
1) The Employer shall reinstate the Grievor to his
former position February 5, 1992 and credit him
with seniority for the period January 12, 1990 to
February 5, 1992. As well, the Employer agrees to
delete any and all reference to the termination of
the Grievor january 12, 1990 from the Grievor's
personnel file, and the Parties request that the
Board so order.
2) Upon satisfactory completion of the forklift training
course by the Grievor, the Employer shafl:
1) 'Pay to the Unemployment Insurance
Commission the sum of Six Thousand Nine
Hundred and Forty-Eight Dollars ($6948.00)
with respect ta the Grievor's receipt of
Unemployment Insurance Benefits in 1990;
2) Pay to the Grievor the sum of Fifty-Four
Thousand Three Hundred and Eight Dollars
and Forty Cents ($54,308.40) in respect of
wages lost between January 1~2, 1990 and
February 5, 1992, less deductions required
by law;
3) Pay to the Gdevor the sum of Seven
Thousand Three Hundred and Thirty-One
Dollars and Sixdy-Three Cents ($7,331.63) in
respect of interest, less deductions required
by law; and
4) Contribute a sum not fo exceed Three
Hundred and Twenty Dollars ($320.00) fo the
Union Pension Plan on behalf of the Gdevor.
And the Parlies request that the Board so order.
3) The sums referred to in Paragraphs 2) 2) and 3)
above shall be paid by certified cheque and
delivered to the Union's office within one week of
the Gdevor's successful completion of the forklift
training course, and the Parties request that the
· Board so order,
4) The sum referred to in Paragraph 2) 4) above shall
be contributed to the Pension Plan within one
week of the date of this memorandum.
5) The Employer shall compensate the Grievor for
reasonable expenses which would have been
covered by the existing Health and Welfare Policy,
upon provision of satisfactory proof of
expenditure.
6) The Grievor hereby assures and represents to the
Employer that he has disclosed alt sources of
income received since January, 1990.
7) The Parties request that the Board reserve
jurisdiction to deal with any and all issues arising
from the implementation of this memorandum
and the Board's order.
Signed and Dated at Toronto, Ontario this 4r~ day of
February, 1992.
"Robert A. MacDermid .... Bill Gillef¢'
The Employer Tho Union
"J. Horne"
The Board agreed with the requesf of the Parties and will remoin seized of
this matter and should the Parties be un(~lole to Implement their Memorandum of
Settlement, the Board will reconvene at the request of either Party.
It is the Board's order that the contents of the Memorandum of Sefflement
become part of this decision. It is so ordered.
Dated at Kingston, Ontario, this l_2th day of ~larch,
C, Gordon Simmons
Chairperson
E. Seymour
Member
D. Montrose
Member