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Home My WebLink About1991-0653.McMullen, Michael & Lenny.92-08-17 ONTARIO EMPLOYES DE £,A coURONNE CROWN EMPLOYEES D~ L 'ON TA RIO GRIEVANCE COMMISSION DE SETTLEMENT R~GLEMENT BOARD DES GRIEFS OUNOAS $i'REET W£$T, SUITE 2100, TORONTO, ONTARfO. RUE DUNDAS OLtEST, n. uREAU 2100, TORONTO (ONTARIOJ, MSG 653/9l, 702/93., 703/91 · N THE I~TTER OF ~d~ ~RBITI~T~ON Under THE CRO~ E~PLOYEES COLLECTIVE BARGaINiNG ~CT Before THE GRIEVANCE S~TTLEI~NT BOARD BETWEEN OPSEU (Hc~ullen/Hichael/Lenn¥) ~rievor - an~ - The Crown in Right of Ontario (Ministry of Revenue) Employer BEFORE: M. Gorsky Vice-Chairperson I. Thomson Member D. Clark Member FOR THE I. Roland GRIEVOR Counsel Gowling, Strathy & Henderson Barristers & Solicitors FOR THE D..'Costen EMPLOYER Counsel Legal Services Branch Management Board of Cabinet 653/91, 702/91, 703/91 BOARD ORDER Attached is the Memorandum of Settlement which the parties agreed would be made an Order of the Board. DATED at Toronto, this 17th day of August, 1992. M. Gorsky, Vice-Cha£rperson D. 'C Member Via ?elerax ~fuly 27, 1992 Mr. Dave Cost:n Manasement Board of Cabinet I.~al Services Branch 2nd ~oor, ~ost B~ South 7 ~ecn's Park ~escent . Toronto, Onta~o MTA ~ Dear Dave: OPSEU (McMulha/Mlchael/Lenny) and Ministry of Revenue Classification Grievant, esl OPSEU Nos. 91C830, 91C971-972 GSB File Nos: 6~3, 702, 703/91 This letter is to confirm that we have alFeed to resolve these three classification l/;ievances before the Grievance Settlement Board, on the follow/nil terms; i. It is a~eed that thc positions of ail three gH~vors are wrongly classified. Presently thc $rievors' positions are class/fled as follows: Linda McMullan - Operator 20ff, sct Bcluipment ,lames Michael . Operator 2 Offset Equipment Robert Lcnny - Operator 3 Offset Equipment 2. It is a~rccd that the positions of all three $ricvors belong in the Office Administration Group. 3. Thc parties have not been able to al/tee on thc proper placement of the positions of the/~ricvors within the Office Administration Group. The issue ~, O~e, C~a K? N O~ Toro~, ~ir;o, ~ado USL tj3 ~ho~, O~r~, ~da NgH Wt ~brMge, Onlorlo, ~fladl NtR 5 7ol: (6~ 3) ~Z-1701 Tot: (4~ e) 8e~-7~ Tel: (519) ~O~O TM: ~? 9) ~t ~O~ 0 of thc proper classification placement of the grievors' positions in the Office Adm/nistration Group sh~J] be de,erin/ned in accordance w/th the speci/ic adjudicative process and procedure a~r=ed to between the Ontario Publ/c Scrv/ce I~mployees Union and the Crow~ in Right of Ontar/o. The adjudication carried out in accordance with such a process and procedure shall also determ/ne ali issue~ of retroactive pay ent/tlement of thc grievors in the event the parties arc unable to a~rce. 4. The Grievance SettJemcnt Board sha]! issue an order,, on consent, that the pos/tions of all three/;ricvors are wrongly classified and that the positions of all three iF/evors shall be properly class/fled w/thin the Office Adm/n/stra.t/on Group. In the event that there/s any dilute concerning the interpretat/on or application of this A/~reement and the three classification 8r/evances are 'not finally resolved in accordance w/th this Agreement, either party may brln/ these matters back to the C.~'ievance Settlement Board to be determined by it. Would you please confirm that the above/s satidactory to you. We propose to adjourn the hearing scheduled for tomorrow and fosvard this letter to the C.-flevance Settlement Board with a request that the Board issue an Order/n accordance wi~h the provisions contained herein. Wonld you please aJso forward a similar request to the Re~trar. Yours very tru/y, G0WLING, STRATHY & HENDERSON Ian .f. Roland IYR*sh C)llklI~O Ministry of Legal Services Branch Room 228 Telephone: (416) 325-9393 Frosl Building South Fax: ~4 ~ 8} 325-9404 the Attorney Management Board Queen's Park General Secretariat Toronto, Ontario MFA IZ5 Minist6re Direction des services juridiques Bureau 228 · T61(~phone:(4t6) 325-9393 du Prooureur Secretariat du EdiliceFrostsud T6l~copieur:(418}325-9404 Queen's Park g~n~ral Consei~ de gestion Toronto (Off,rio) M~A 1Z5 D~ct L~e: 325-9394 BY FAX July 27, 1992 ~o~ ~ploy~s ~v~ Sc~cm~t Bo~ Sui~ 2100 180 ~s Sc W. T~mo, ~o A~enfion: Jo~ Shirlow Subje~: O.P.S.~U. ~~c~y) ~ ~c ~ O.S.B. Nos, ~, 70~ .~ 703~ I represent fie Mirds~ of Revenue in the above-noted matter. This will confirm that the parties have agreed to adjourn the matter which.was scheduled for July 28, 1992. This will also confirm that the Ministry is in agreement with the procedural proposals set out in Mr. Roland's letter of July 27, 1992 on behalf of the Gdevor and thc Union which establish how these grievances arc to be handled by the Grievance Settlement Board. If you should have any questiom, do not hesitate to contact mc. Yours reaL_truly, ~ David Co, ten DC/jm Counsel c.c. Ian Roland