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HomeMy WebLinkAbout1992-2020.Clare.93-03-31 ONTARIO EMPLOYES DE LA COURONNE CROWN EMPLOYEES DE L'ONTARIO .. -" 1111 GRIEVANCE CpMMISSION DE SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST SUITE 2100, TORONTO, ONTARIO, M5G lZ8 TELEPHONE/TELEPHONE (416) 326-1388 180, RUE DUNDAS OUEST BUREAU 2100, TORONTO (ONTARIO) M5G lZ8 FACSIMILEITELiicOPIE (416) 326-1396 2020/92 IN THE MATTER OP AN ARBITRATION Under I THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT I Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Clare) Grievor - and - The Crown in Right of Ontario (Ministry of Education) Employer BEPORE. N. Dissanayake Vice-Chairperson M. Lyons Member F Collict Member POR THE G. Adams GRIEVOR Grievance Officer Ontario Public Service Employees Union POR THE B craig EMPLOYER Human Resources Consultant Ministry of Education I I " 2020/92 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 April, 1993 ~/~ ~ ~( M Lyons, M mber ... ~~~t F Co Member \ \ --. ... " " RECEIVED I - APR 1 6 1993 TERMS OF SETTLEMENT GRIEVANCE DEPARTMENT : File No: 92D525 GSB: 2020/92 BETWEEN Ministry of Education Hereinafter referred to as "the Employer" AND Ontario Public Service Employee's Union Hereinafter referred to as "the Union" The Union and the Grievor, Doug Clare, agree to withdraw from ; Arbitration the grievance dated October 2, 1992, alleging Unjust I Dismissal subject to the following conditions: I I 1- All terms and conditions of settlement have been entered into one without prejudice and precedent basis with respect to this or any other action brought by Mr. Clare or any other employees present and part of the Ministry of Education. 2. Mr. Clare would be reinstated to his position of Driver in the I Mailroom effective September 20, 1990 3. The period from April 1, 1990 to October 18, 1990 would be considered a leave without pay I 4 The period from October 19, 1990 to April 19, 1991 would be I considered Short Term Sickness. I i I 5. The Ministry would pay Mr Clare $197 74 representing the 1 differences between the Short Term Sickness payments , ($14,042 62) and the leave with pay ($13,844 88) 1 ! 6 Mr Clare shall make application for LTIP benefits. i 7. If unsuccessful in applying for LTIP, the terms described I above shall be deemed null and void ! 8 If at any time after being approved for LTIP, Mr Clare is declared fit for work by the Insurance Carrier, pursuant to Article 42 lO, and for the purposes of Article 24, his HQ ~ shall be deemed to be Oshawa. In addition, the notice period I under 24.2 1 shall be deemed to be leave without pay I i I -. ~' . 9 Mr. Clare will withdraw his grievance upon successful application ~or LTIP. Mr Clare will also withdraw his Human Rights complaint upon successful application for LTIP. 10 The parties agree to have this settlement made an Order of the Grievance Settlement Board The employer and the union agree that any difference arising from the implementation or failure to implement these terms of settlement may be referred to the Grievance Settlement Board for Arbitration. DATED this 31st date of March, 1993 at Toronto. Employer's Signature (s) Union signature ~~~ ~t!:;(; 'fr/