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HomeMy WebLinkAbout1992-2690A.Toplin.95-11-29 - ~ -,- --' .;,. ~ ONTARIO EMPLOYES DE LA COliRONNE CROWN EMPLOYEES DE L'ONTARIO ~ 1111 GRIEVANCE CpMMISSION DE i'. .- ~\ ~'f' SETTLEMENT REGLEMENT ~ \ !~cPf / BOARD DES GRIEFS ~ 2, S, &:' (p, \---1: J. '\ (})')\ 01 vA 180 DUNDAS STREET WEST SUITE 2100, TORONTO, ONTARIO, MSG IZ8 TELEPHONE/TeLePHONE (416) 326-1388 180, RUE DUNDAS OUEST BUREAU 2100, TORONTq (ONTARIO) MSG IZ8 FACSIMILE /TELI:COPIE (416) 326-1396 GSB # 2690A/92, 2690B/92, 2786/92, 2788/92, 1497/93, 1498/93, 1504/93, 44/94, 47/94 -"-'O~~j-92G746, 92G746, 92G818, 92G820, 93F646, 93F647, 93F65~, 94A506, 94A509 ,~ -' ~.: ) ~~ '-:- ~... i).,..'.... n~ ~R .. ~~.:J I .a, I'. ..~;" ~ v Po. ' 0 > ~ ~\';'l j"'_..~) :)R IN THE MATTER OF AN ARBITRATION f q DLJ, ,JJ\S ~"r r,,)RONTO , i , Under ...,.--,-----.--..,. ....... ..-- . - THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before \ THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Toplin) .. Grievor - and - The Crown in Right of Ontario (Ministry of Correctional Services) Employer BEFORE H Waisglass Vice-Chairperson W Rannachan Member M O'Toole Member _.. FOR THE M Mazzuca , RETURN TO ~c..Oi( r- GRIEVOR Counsel ' PUBLIC SERVICE q ~ Koskie & Minsky ,qRIEVANCE BOARD Barristers & Solicitors IS,- , 2&m' FLOOR , 180 DUNDAS ST W TORONTO FOR THE C Nikolich M5G 128 EMPLOYER Counsel ""'- Legal Services Branch Management Board Secretariat ~ ~. ... k ( ... ~ - i GSB # 2690A/92, 2690B/92, 2786/92, 2788/92, 1497/93, 1498/93, 1504/93, 44/94, 47/94 OPSEU # 92G744-92G746, ~2G7-46 , 92G818, 92G820, 93F646, 93F647, 93F653, 94A506, 94A509 - ~ BOARD ORDER' ~ Attached is the Memorandum of Settlement which the parties agreed would be made an Order of the Board. ~. .'~ DATED--'at Torol1to, this 29th day of November, 1995. H Waisglass, vice-Chairperson ,- " -/O~~~k, -' W Rannac~ :. ?17? ()(/~ ~ - ~ M O'Tqo.le, Meffiber -, i I ~ ~ ( . '" THIS AGREEMENT made in triplicate BETWEEN ,~ MR.RANDY TOPLlN , , (the "Employee") , - and. - - - ~ ). THE ONTARIO PUBL,IC SERVICE EMPLOYEES UNION '(the "Union") - r -and'- ~ - THE CROWN IN RIGHT OF ONTARIO as represented by the Ministry of the Solicitor General ~nd Correctional S~rvices (the "Employer") - r MINUTES OF SETTLEMENT Without prejudice or precedent the parties hereby agree to a full and final settlement of th-e- gtievances kn9wn as GSB Nos 2690!92.A, 2786/92. 1497/93 2690/92-8, 1498/93,47/94,2788/92, 1504/9344/94 and the three grievances filed on June 5,1995 on the following terms 1 The Employer shall reinstate 10 days (10 days at 8 hours per day) of vacation cr~dit1fl the Employee s vacation bank. The Employee may take his vacation In accordance With the collectIve agreement. 2 The Employer shall place the letter attached as Appendix CIA in the corporate I personnel file of the Employee 3 The Employer shall provide the Employee With a performance reVIew, conducted by Sue Boles, within thirty (30) days of the signing of these Minutes 4 The Unton and the Employee shall withdraw the above grievances and any complaints applications or actions of any kind before any board, tribunal or body of any nature which address any issues arising out of the Employee s employment WIth the Employer up to and mcludmg the date of the slgnmg of these Minutes except for any outstanding Worker s Compensation claim I I ~ ~ ~ ( --' ._- --- " ""~.... ~, 2 " - -I. - ;... 5 The Employee ~grees that the circumstances of hIS employme[lt with the E:mployer' Vp to and including the date of the signing of these Minutes shall not be made the subject of any further grievance~ cC?mpJaint application or a'ction of any kind before any board tribunal or body of _any nature, except for any outstanding Worker s Compensation claim t'" ....., I I 6 Nothing In thIS Settlement affects the previous Minutes of Settlement signed between the parties on October 3, 1994 7 These Mmutes of Settlement are not to be taken as an admIssion of lIability, either expressed or implied'" 'by th'e Employer wIth respect to ,he- issues raised hy this gnevances --- -' :'( - , ~ ~ --- 8 These Minutes may be made anoraer of the GrieVance Settlement Board at the request of any ofJhe, parties - ; -, DATED AT TORONTO, THIS 13TH DAY OF OCTOBER. 1995 - _ t t - -. r t - - ~, ~r The Crown in t 'Rlgh of Ontario the UnI,o';" . as represented by MInistry the Solicitor General and Correctional ServIces, the "Employer" ,- - -'J. October 13, 1995 October 13. 1995 r October 13, 1995 -- , - - On":a ~iCJ ( ( , ~ r~ ~, Ministry of the Ministere du 165 Barton 51 E 165 rue Barton e Solicitor General and Solliciteur general et Hamilton ON LBL 2W6 Hamilton ON LBL 2W6 Correctional Services des Services correctionnels Hamilton-Wentworth Centre Jelephone (905) 523-8800 T81~phone (905) 523-8800 Detention de detention Facsimile - (905) 529-09n T91ecopieur' (905) 529-09n Centre de Hamilton-Wentworth _. October 17, 1995 \ , To Whom ]t May Concern - Mr Randy Toplin, C . 0 I'I, Hamilton-Wentworth Detention Centre" is currently posted to the Admitting and Discpa~ge ,area as a result -- of the operational requirements of the Institution The posting is in no way relat~d to any performanc~ proble~. The employee's absences, that were covered by LTI:P from June 2, 1993 until his return to duty, were recognized as being on an account of a recognized medical condition Any information regarding the absences related to the employee's medical conditfon shall not be released to a third party outside the Ministry without the employee's consent. Yours 'truly - -, ~ M Fajertag Deputy Superintendent HMF/mf I -- \ O8ll-013 (0lW3)