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HomeMy WebLinkAbout1992-3618.Herdsman.94-11-15 .~. ~.> -'f; -;:. - 'Vr~ (. '-- ~j{~ . ''i:i' ONTARIO EMPLOYES DE LA COURONNE CROWN EMPLOYEES DE L 'ONTA RIO 11111 GRIEVANCE COMMISSION DE , SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST SUITE 2100, TORONTO, ONTARIO, M5G lZ8 TELEPHONEITELlEPHONE (416) 326-1388 180, RUE DUNDAS OUEST BUREAU 2100, TORONTO (ONTARI9) M5G IZ8 FACSIMILE ITELECOPIE (416) 326-1396 3618/92, 3619/92, 3620/92 IN THE MATTER OF AN ARBITRATION Under i \ THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before " THE GRIEVANCE SETTLEMENT BOARD ) BETWEEN ( OPSEU (Herdsman) Grievor - and - I The Crown in Right of ontario (Ministry of Correctional Services) Employer BEFORE W Kaplan Vice-Chairperson J. Carruthers Member F Collict Member FOR THE G. Adams GRIEVOR Counsel I ontario Public Service Employees Union FOR THE J. Benedict EMPLOYER Manager, Staff Relations & compensation Ministry of Correctional Services HEARING August 18, 1994 ./ \ . - ; ;;;~",'!.,,~:'~.~-~";7-:::;:--:"":';~~o/~;,";:""r::7~;< ~ ~'7- ~'" t't~"~lf .... 'W'.i'''~ t' ..\..' i 3618/92, 3619/92, 3620/92 BOARD ORDER Attached is the Memorandum of Settlement which the parties agreed w~uld be made an Order of the Board DATED at Toronto , this 15 t h day of November, 1994. (/'/ v--- W Kaplan; Vice-Chairperson I I /) l' (; Vl"'-LC-' /) ! { '( t , /".. e!7t! C .... I &.. '_ L.- .- /' f , // i I J Carruthers, Member / 1/ ) 9. d~J /. F. Collict, Member r , ) . "' ~ -- ~. -- ~ ~ .- ....' , . '''''~','''-'--'''-,"""",,,,,,~.-,,,.,,,,,,,',:r' /.'~,'~l' 1.!-" ~. ,"; ;:1'"~,,,,,,".(l~-,,--:.a,;:.r;;'?~'.~T; ~.,.,,~~,,_:.t ., .... r-:;-' ,.\. .,' ~'~ --~ It::::\\..'"',~ 'J; ~"7~:~\l7i:;: (~;' I ~ C ~;':t\!r 1: "" @ M;';'l<y ofthe W Solicitor General Memorandum of Settlement and Correctional Ontario Services IN THE MATTER OF THE GRIEVANCE OF Greg- Herdsman Name Metro Toronto East Detention Centre ClassificationlWork Location I G S B. FILE 3618/92 Date and Subject of Grie~ance Tan.25, 1993 - uniust dismissal 3619/92 Feb. 11, 1993 ... denial of severance pay 3620/92 Tan. 17, 1993 - harassment BETWEEN. ONTARIO PUBLIC SERVICE EMPLOYEES UNION (The Union) -AND- THE CROWN IN RIGHT OF ONTARIO (Ministry of Correctional Services) (The Ministry) The parties agree to a full and final settlement of the above-noted grievance without precedent and without prejudice to any future and/or similar matter on the following terms. 1 The employer will reinstate Mr Herdsman to the position of Correction Offic;er II at the Metro Toronto East Detention Centre effective January 26, 1993 ( 2. The employer agrees to remove and destroy all documents relating to Mr Herdsman's dismissal from all files. 3 The employer agrees to provide Mr Herdsman with any and all benefits/ credits he was entitled to for the period of time from June 19, 1992 to September 15, 1992. This time frame represents the period of time for which Mr Herdsman has been in receipt of Workers Compensation Benefits. ) 4. For the periods of time from January 26, 1993 to May 10, 1993 and January 20, 1994 to September 19, 1994 inclusive, the employer will provide Mr Herdsman with all benefits, salary, credits and semority as If he had actually been at work. He will be made whole for both these periods of time. The grievor understands that he will be expected to provide' his portion of pension contributions in order for the employer to make their contributions. .J . --.- - ,-' ~"'''Tt-. ;\ . ";:. -~ ;;r1~1-ii0i.~~',~:C4:i ~ (' C'l .t, I ' :"';1 I ~ ". Me~orandum of Settlement - ':~t.~" ',~~ Page 2 5 The payments described in paragraph 4 will be made to the grievor within 30 days of the signing of the agreement, It is further understood that all payments will be subject to statutory deductions required by law (e.g. unemployment insurance benefits) 6 The payments described in paragraph 4 will be less $6,000.00 (six thousand dollars) which represents an approximate lump sum of money that the grievor earned In the periods of time described in paragraph 4. 7 The period of time between May 11, 1993 and January 19, 1994 inclusive will be considered unpaid leave of absence with no loss of seniority 8 Thegrievor agrees to submit his resignation from the Ontario Public Service (OPS) effective September 19, 1994 and the employer agrees to pay the grievor terminahon payments pursuant to Article 53 of the collective agreement. 9 The grievor and the union agree to withdraw the noted grievances. 10 This settlement will be made an order of the Grievance Settlement Board and" any disputes or differences arismg from the implementation or failure to implement this settlement may be referred to the Grievance Settlement ,!?oard for resolution. ~~ For the Union ,~ 1;;;/14- j . 'B"~"l.'~"!:.';;:"\'.: ~.;~";"l~...--.:tr.