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HomeMy WebLinkAbout1991-1137.Bahal.92-10-28 ONTARIO EMPLOYES DE LA COURONNE CROWN EMPLOYEES DE L'ONTARIO GRIEVANCE COMMISSION DE SETILEMENT R~:GLEMENT BOARD DES GRIEFS tEO DUNDAS STREET WEST, SuiTE 2;00, TORONTO, ONTARtO. MSG tZ8 TELEPHONE/T~L~PHONE: (4 ~6I 326- ~388 ~80, RUE DUNDAS OUEST, ~UREAU 2 tO0, TORONTO (ONTARIO). M5G 1Z8 FACSII',41LE/TEL~CO~JE : (4 16I 326- ~39~ 1137/91 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN CUPE (Bahal) Grievor - and - The Crown in Right of Ontario (Workers' Compensation Board) Employer BEFORE: E. Ratushny viCe-Chairperson W. Rannachan Member F. Collict Member FOR THE B. Toop GRIEVOR National Representative Canadian Union of Public Employees FOR THE ~ D~ Jarvis EMPLOYER Counsel Winkler, Filion & Wakely Barristers & Solicitors HEARING November 7, 1991 September 28, 1992 DECISION On the second day of the hearing in this matter, the parties reached an agreement which is attached. The parties requested that this agreement be issued as an order of the Board and we so order. Dated at Toronto this 28th day of October, 1992. shny, Chairperson W. Ranna ~hd~'-"Member F. ColIiot, Member HEHORA~DU~ OF AGI~EEMEN~ BETWEEN: The Worker's Compensation Board (the Canadian Union of Public Employees Local.1750 (the "Union") and Raj Bahal (the "Grievor) WHEREAS the Union filed or caused to be filed a grievance on behalf of the Grievor dated December 12, 1990 and having G.S.B. No. 1137/91 (the "Grievance"). AND WHEREAS the parties wish to resolve all outstanding matters in relation to the Grievance. NOW THEREFORE the parties agree as follows in full and final settlement of the Grievance: 1. The Union and the Grievor hereby withdraw and discontinue the Grievance. 2. This Memorandum of Settlement is without prejudice or precedent in any other case. 3. The WCB acknowledges and agrees that the Grievor possesses the minimum qualifications and ability to perform the required duties of the position of Senior Collection Specialist for the purposes of any future competition. 4. The acknowledgement and agreement of the WCB in paragraph 3, above, is restricted exclusively to the said position as it presently exists in Hamilton, Ontario and does not pertain to any other existing position or to any future position which may arise out of any WCB reorganization or technological change. .../2 - 2 - 5. The acknowledgement and agreement of the WCB in paragraph 3, above, is without any restriction or limitation on the rights of the WCB under the Collective Agreement, including, without limitation, the rights of the WCB under Article 5.06 ("Trial Period"). 6. This Memorandum of Settlement shall have no impact on the provisions of Article 5.01(a) ("placement of affected employees") and Article 6 ("Technological'and Organizational change"). Dated at Toronto this 28th day of September, 1992. "signed" UNION "siqned" WCB per: Gord Petrie "signed" GRIEVOR