HomeMy WebLinkAbout1990-1494.Downey.93-02-01 ON TA RIO EMPL 0 Y~S DE LA C O UROIVIVE
CROWN EMPL O 'fEES DE L 'ON fA RIO I
GRIEVANCE C,OMMISSION DE
SETTLEMENT REGLEMENT
BOARD ' DES GRIEFS
180 DUNDAS STREET WEST, SUfTE 2100, TORONTO, ONTARIO. MSG IZ8 TELEPHONE/TELEPHONE' (418~ .t25-1288
180, RUE DUNDAS OUEST, BUREAU 2~00, TORONTO (O&ITARIO,I. MSG IZB FACSI~LE,'T~L~COP~E .' (4 r6) 326-
1494/90
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OPSEU (Downey)
Grievor
- and -
The Crown in Right of Ontario
(Ministry of Community & Social Services)
Employer
BEFORE: B. Fisher Vice-Chairperson
P. Klym Member
D..Montrose Member
FOR THE R. Healey
GRIEVOR .Counsel
Gowling, Strathy &'Henderson
Barristers & Solicitors
FOR THE S. Mason
EMPLOYER Counsel
Legal Services Branch
Ministry of Community & Social Services
1494/90
BOARD ORDER
Attached is the Memorandum of Settlement which the parties
agreed would be made an Order of the Board.
DATED at Toronto, this 1st day of February, 1993.
e,r~.~Vice- Cha i rp~rson
D. Mont , Member '
GSB // * I494/90
IN THE MATTER OF A GRIEVANCE ARBITRATION
BEFORE THE GRIEVANCE SETTLEMENT BOARD
BETWEEN:
.'.,~":',. ONTARIO PUBLIC SERVICE EMPLOYEEIS UNION
: (Grievance of Downey, Peter)
Griever~
- and -
MINISTRY OF COMMUNITY AND SOCIAL SERVICES
Employer
.;
':;~3..]...~.. MEMORANDUM OF SETTLEMENT
~ ,-:.... Without precedent or prejudice to the position the
".~" parties may take in the future with resDect to similar issues,
th~' parties agree to settle the grievance of Peter ~owney,
Oated August 3, 1990, according to the following te~ms as full
and final settlement of this grievance:
-,i' a ~h~ p~wei~ ~e~ that the Griever was entitled to pay
..~.;~,'~,'. at the third level of the Correctional Officer 2 salary range
"-~' c~e-~.~ July 5
"Salary range" refers to the salary range in effect at
the tame the relevant hours were worked.
2. The Employer will pay the Griever the difference
between:
2
a) the pay actually received by the Grievor during
the relevant period; and
b) the pay owing to the Grievor as calculated in
paragraph I above, retroactive to the date
halfway between:
i) July 5, 1988; and
ii) the date which is 20 days prior .to the filing of
the grievance.
3. The Employer will pay the Grievor interest on the sum
calculated pursuant to paragraph 2 above. Interest will accrue
""i' '~ from the retroactivity date described in paragraph 2 above
~'~"~i'-~...~-! .... until payment is made and will be in accordance with the
· ~.~'~'~-. Hallowell ~ouSe principle, calculatad at the average annual
-'~.~?>~.. rate of 10%.
4. Ail sums owing to the Grievor pursuant to this
Memorandum of Settlement will be paid within 60 days of the
~'. % .... . execution of this Memorandum of Settlement.
i '~'?.~i~!~i~.i 5. Upon.payment of the monies owing to the Grievor
....- pur~-uant to this Memcrzndum of Settlement, the Grievor w~ll
receive a written record of the Employer's calculations
pursuant to paragraphs i to 3 above.
6. This Memorandum.of Settlement will be made an award of
the Grievance Settlement Board.
3
7. The Union and the Griev°r agree to discontinue this
grievance upon these Minutes of Settlement becoming an order of
the Grievance Settlement Board.
For the Ministry
Peter Downey (Griever)