HomeMy WebLinkAbout1993-0057.Villella.93-10-20
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ONTARIO EMPLOYES DE LA COURONNE
CROWN EMPLOYEES DE L'ONTARIO
GRIEVANCE COMMISSION DE
1111 SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 2100 TORONTO ONTARIO M5G lZ8 TELEPHONEITEU,PHONE (4 6) J26-1J88
180 RUE DUNDAS OUEST BUREAU 2100 TORONTO (ONTARIO) M5G lZ8 FACSIMiLE TELECOPiE 14 6) ]26- 396
, 57/93
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OPSEU (Villella)
Grie70r
- and -
The Crown in Right of Ontario
(Ministry of Correctional Services)
Empl.oyer
BEFORE W Kaplan Vice-Chairperson
M Lyons Member
M O'Toole Member
FOR THE S Wahl
GRIEVOR Counsel
Koskie & Minsky
Barristers & Solicitors
FOR THE G Lee
EMPLOYER Grievance Administration Officer
Ministry of Correctional Services
,
HEARING October 8, 1993
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57/93
BOARD ORDER
Attached is the Memorandum of settlement which the parties
agreed would be made an Order of the Board
DATED at Toronto, this 20thday of October, 1993
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w. Vice-Chairperson
If!c if- l))i,A
O'Toole, ember
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G.S.B. File No. 0057/93
IN THE MATTER OF THE CROWN EMPLOYEES
COLLECTIVE BARGAINING ACT
IN THE MATTER OF THE COLLECTIVE AGREEMENT
BElWEEN THE ONTARIO PUBLIC SERVICE EMPLOYEES
UNION AND THE CROWN IN RIGHT OF ONTARIO I
BEFORE THE GRIEVAJ.~CE SETTLEMENT BOARD
t
BETWEEN
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
Applicant
- and -
THE CROWN IN RIGHT OF ONTARIO
(Ministry of the Solicitor General and Correctional Services)
Respondent
Grievance dated January 26, 1993
Grievor. John Villella
MINUTES OF SETTLEMENT
CONSENT ORDER
The partIes to the above-captioned gnevance arbItration proceedings agree
to settle theIr differences In terms of the following agreements and request that the
GrIevance Settlement Board issue the follOWIng Orders.
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1 the Respondent shall ensure that the mvestIgatIon of the complaInt dated December
1, 1992 under the Workplace Discrimination and Harassment Polley wIll be completed,
recommendation rendered to the Deputy Mimster, and if appropriate, the
Respondent will impose any and all discipline WIth respect thereto on or before
November 22, 1993 If Imposed the disciplme need not be served on or before
November 22, 1993
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2. In CIrcumstances where discIphne is Imposed upon the GrIevor Mr John Villella on
or before November 22, 1993, such dIscIphne will be subJ~ct to the provISIons of thIS
settlement and without prejudice to any and all rIghts to challenge the just cause of
any such dIsclplme
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3 In CIrcumstances where the mvestlgatlOn IS not completed, the recommendatIon has
not been rendered to the Deputy Mmister and/or dIscIpline has not been Imposed
on or before November 22, 1993, there shall be no record of the Complaint or
mvestIgation maintamed m or for the personnel file of the GrIevor John Villella or
for any othe~vpurpose ~n9 all emplovr;nr, rec~~ds wIll be rectIfied accordingly
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4 The Respondent shall pay to the Gnevor Johrl Villella hIS equitable share of the
dIstribution of local overtIme to be calculated on the same proportion of total local
overtIme that was worked by the GrIevor John Villella In the calendar year 1992,
statutory holiday and shift premmm, from December 29,1992 to November 22, 1993
The amount owmg will be subject to regular and statutory deductions. The Gnevance
Settlement Board is to retain jurisdiction over the quantum of damages and the
ImplementatIon of all aspects of these Mmutes of Settlement.
5 Subject to any diSCIpline and/or remedIal action imposed by the Respondent, for just
cause, In accordance WIth these Mmutes of Settlement, on or before November 22,
1993, the Respondent shall return the Grievor John Villella to his normal work
aSSIgnment m effect on December 28, 1992 on the KontikI Cottage at the Vamer
Centre for Women on the rotatlOnal shIft schedule forthwith, subject to normal
operatlonal adjustments.
6 A copy of the Consent Orders Issued by the Gnevance Settlement Board in
connectIon with thIS matter shall be posted on the LocalUmon bulletIn boards in the
Vamer Centre for Women until November 22, 1994 The Supenntendent shall
proVIde copIes of thIS Consent Order to all local managers at the Vamer Centre
forthWIth.
7 Should It be necessary for the GrIevance Settlement Board to be convened with
respect to this matter, the partIes acknowledge that there are no prelimmary Issues
whatsoever relating to the arbltrablhty of the enforcement of this Consent Order
8. The Respondent agrees to return the conduct money In the amount of $106.00 served
m connectlon WIth the Summonses to Witness to KoskIe and MInSky, in Trust.
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9 The Grievance Settlement Board is to retam JUrIsdiction over the quantum of
damages and the ImplementatlOn of all aspects of these Minutes of Settlement where
the partIes are unable to agree
DATED AT TORONTO THIS 8TH DAY OF OCTOBER, 1993
ONTARIO PUBLIC SERVICE CROWN IN RIGHT OF ONTARIO
EMPLOYEES UNION (Ministry of the Solicitor General and
Correctional Services)
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GRIEVOR: JOHN VILLELLA
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