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HomeMy WebLinkAbout1993-0596.Foley.97-06-26 -., ONTARIO EMPLOYES DE LA COURONNE CROWN EMPLOYEES DE L'ONTARIO 1111 GRIEVANCE COMMISSION DE SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST, SUITE 2100, TORONTO ON M5G 1 Z8 TELEPHONEITELEPHONE (416) 326-1388 180, RUE DUNDAS OUEST, BUREAU 2100, TORONTO (ON) M5G 1Z8 FACSIMILEITELECOPIE (416) 326-1396 GSB 11 596/93, 597/93 OPSEU # 930728, 930729 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Foley) Grievor - and - The Crown in Right of ontario (Ministry of the Solicitor General & Correctional Services) Employer ~~ BEFORE: F 0 Briggs Vice-Chair FOR THE C Flood GRIEVOR Counsel Koskie & Minsky Barristers & Solicitors r FOR THE S Kapur EMPLOYER Counsel Legal Services Branch Management Board Secretariat HEARING June 25, 1997 . ", ;. At the hearing held on June 25th 1997, the parties resolved the outstanding matters on the following basis' In the matter of an expedited arbitration concerning a grievance of Michael Foley concerning continuous service prior to appointment to the classified service and alleged violation of the Memorandum of Agreement in G S B # 0596/93 and 0597/93. Between ontario Public Service Employees' Union ("the Union") - and - Ministry of the Solicitor General and Correctional Services (Vanier Centre for Women) ("the Employer") - and - Mr. Michael Foley ("the Grievor") Memorandum of Agreement and Consent Order WHEREAS the above matters were referred to arbitration at the Grievance Settlement Board on June 25, 1997; AND WHEREAS the parties wish to resolve their outstanding differences in a full, final and "="",,,. complete manner as provided herein; THE PARTIES THEREFORE AGREE as follows, and request that the Grievance Settlement Board issue a consent order incorporating their agreement 1) The continuous service date of the Grievor for all purposes of the Collective Agreement, Effective July 29, 1996, shall be amended to November 12, 1990, and the Board shall declare and order 2) The Employer shall provide the Grievor with a paid leave of absence, and shall pay any and all applicable fees, to attend a course offered by the Ministry and of the Grievor's choosing, subject to the eligibility and entrance requirements and availability of the course and provided that the course commences within 18 (eighteen) months of the date hereof, and / the Board shall declare and order The Employer shall provide the Grievor with I ,I ~, .. reasonable access to a complete and up to date binder regarding staff training to facilitate the Grievor's Choice, and the Board shall declare and order 3) The Memorandum of Agreement between the parties dated April 18, 1996 continues in full force and effect, save and, respect for paragraphs 2, 34 to 36 inclusive and paragraph 40 thereof which are resolved by paragraphs 1 & 2 hereof, and the Board shall so declare and order 4) This Memorandum of Agreement, and Consent Order, shall otherwise be without prejudice to any future position the Employer and the Union may take in respect to any other matter and it shall not be used as a precedent in any future proceeding, save and except a proceeding to enforce the Memorandum of Agreement dated April 18 1996 or this Memorandum of Agreement, and the Board shall so declare Duly signed by the parties and dated at Toronto, June 25, 1997. The above agreement is so ordered. Dated the 26th day of June 1997 at "