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Home My WebLink About1992-1424.Kelly.96-05-28 ~ ~ ~ I ONTARIO EMPLOYES DE LA COURONNE CROWN EMPLOYEES DE L'ONTARIO , ,\,tA r Z2.CV:,;t0. (!" ') 1111 GRIEVANCE COMMISSION DE SETTLEMENT REGLEMENT ~tlQJ, I fJ~{1 ~ / ~J. ~t BOARD DES GRIEFS WO-~ Of'\i\ 180 DUNDAS STREET WEST, SUITE 2100, TORONTO ON M5G 1Z8 TELEPHONEITEUEPHONE (416) 326-1388 180, RUE DUNDAS OUEST, BUREAU 2100, TORONTO (ON)M5G 1Z8 FACSIMILE/TELECOPIE (416) 326-1396 GSB# 1424/92 OPSEU# 92E899 IN THE HATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVa BARGAINING ACT i Before THE GRIEVANCE SETTLEMENT BOARD I BETWEEN OPSEU (Kelly) Grievor - and - -The Crown in Right of Ontario (Ministry of the Solicitor General & Correctional Services) Employer BEFORE: W. Kaplan Vice-Chairperson FOR THE K. Waddingham GRIEVOR Counsel Ryder, Wright, Blair & Doyle Barristers & Solicitors FOR THE D. Costen EMPLOYER Counsel · 1 Legal Services Branch Management Board Secretariat HEARING May 24, 1996 I ;;>- ~ - I I GSB# 1424/92 OPSEU# 92E899 BOARD ORDER Attached is the Memorandum of Settlement which the parties agreed would be made an Order of the Board. DATED at Toronto, this 28th day of May, 1996. tl'./" ~~----- w. Kaplan, Vice-Chairperson " ., -----.-- - - -- ---.--- - " -> ...' ,... ~ Minutes of Settlement Between Ministry of Correctional Services - and - OPSEU - and a Charles Kelly (The Grievor) In full and final settlement of all matters in disputes between the parties concerning the grievor, and with precedent and prejudice with respect to the grievor but not to any other matter not involving him, the parties agree as follows 1 The grievance is withdrawn 2. The grievor will be assigned to the next class at Bell Cairn Centre for correctional officer training (Phases I and II) and will be assigned to the C02, level 3, classification and will be paid at the rate of $21 39 per hour 3. The griev~r ~II be assigned to the next available class, however, given the grievor's vacation plan, should the next available class be scheduled between June 9 and 16, 1996, the grievor will not be scheduled for that class, but for the next available class thereafter which will be held beginning July 8, 1996 The parties understand that the grievor's other scheduled vacations may have to be canceled to accommodate training . . 4. After the five week training program, the grievor will be assigned to a twelve week placement at Metro West. 5. This twelve week placement will begin with shifts of eight hours and will graduate to shifts of twelve hours and the grievor will be treated like all other correctional, officers, subject to the paragraphs that follow, -~- ---- - - 'P-. J3'i. - 2 consistent with his training and operational needs 6. The grievor will be accommodated in accordance with the directions of the WCB, as set out in the appendix to these Minutes of Settlement and it is understood and agreed, and the grievor specifically acknowledges this, that these letters set out his restrictions and the accommodations which should be imposed 7 During this twelve week placement, the grievor's ability to discharge the correctional officer function, subject to the limitations imposed by the WCB, will be assessed 8. The grievor will, within thirty days of the signing of these Minutes of Settlement, designate the OM16 who will act as his mentor and assessor during the twelve week placement. 9 The grievor, the designated OM16, and should the grievor choose, a union steward, will formally meet every four weeks during the twelve week placement to discuss his performance and any other employment concerns relating to the placement. The OM16 will at these meetings raise any concerns that management has It is understood that other members of management may also give the grievor direction 10. If the grievor successfully completes the twelve week placement, he will be confirmed as a full-time C02 at the top level (3) 10a. The grievor will be accommodated during training in accordance with the documents found in the appendix If he fails to successfully complete the training, the grievor will be surplused but will retain the right to file a grievance relating to the consequences of his failure to complete the training, or any other alleged violation arising out of the collective agreement. . . 11. If the grievor fails to complete the twelve week placement, he will be surplused but will have the right to file a grievance relating to any employment matter arising since the signing of these Minutes of Settlement. I T fila.... .... -..~ 3 Q 12. It is understood and agreed that all matters predating the signing of these Minutes of Settlement have been resolved and that no grievances or other actions can be filed' with respect to such matters, nor can the facts underlying those matters be relied upon in any other proceec:;ling 13. If the grievor has filed a Human Rights complaints he will seek leave to withdraw it forthwith, and if he has not filed a Human Rights complaint, he undertakes not to file one respecting matters predating the signing of these Minutes of Settlement. 14. In consideration of the above, the grievor releases and forever discharges the Employer and the Union, their employees, agents, officials and servants, past, present and future, from all actions, causes of actions, claims, complaints, grievances and demands of every nature and kind whether arising from common law, in equity or under statute or otherwise, arising out of or as a result of any matter predating the signing of these Minutes of Settlement and this includes all claims arising under the Collective Agreement. 15. The union releases the employer from all further claims and actions relating to this matter 16 These Minutes of Settlement will be made an Order of the Board. 17. William Kaplan to remain seized with these Minutes of Settlement. DATED at Toronto this 24th day of May 1996 "Grievor" "Employer" . . "Union"