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HomeMy WebLinkAbout1994-0862VERCH95_01_30 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 1Z8 TELEPHONE/TELEPHONE (416) 326-1388 180, RUE DUNDAS OUEST; BUREAU 2100, TORONTO (ON) M5G 1Z8 FACS/MILE/TELECOPIE (416) 326-1396 862/94 94E060 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Verch) Grievor - and - The Crown in Right of Ontario (Ministry of Correctional Services) Employer BEFORE: H Finley Vice-Chairperson E Seymour Member M Milich Member FOR THE C Wilkey GRIEVOR Counsel Ursel & Wilkey Barristers & Solicitors FOR THE J Benedict EMPLOYER Manager, Staff Relations & Compensation Ministry of Correctional Services HEARING January 30, 1995 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 1Z8 TELEPHONEITELEPHONE (416) 326-1388 180, RUE DUNDAS OUEST, BUREAU 2100, TORONTO (ON) M5G 1Z8 FACSIMILE/TELECOPIE (416) 326-1396 862/94 BOARD ORDER Attached is the Memorandum of Settlement which the parties agreed would be made an Order of the Board DATED at Toronto, this 2~d day of February, 1995. . ~CZ - E Seymour, Member //J~LtY M MiliCh, Member Memorandum of Settlement IN THE MATTER OF THE GRIEVANCE OF Mr. M. Verch Name Correctional Officer 2 - Pembroke Jail ClassificationIW ork LocatIOn GSB File 862/94 - Date and Subject of Grievance - Discharge (June 16/94) Between. ONTARIO PUBLIC SERVICE EMPLOYEES UNION (The Union) AND THE CROWN IN RIGHT OF ONTARIO (Mimstry of the Solicitor General and Correctional Services (The Ministry) The parties agree to the full and final settlement of the above-noted gne\thout precedent and WIthout prejudice to any future and/or similar matter on the followmg Ie , .~M 1 Management at the Pembroke Jail (management) agrees ;~iiI1{ionahy reinstate the grievor effectIve February 1, 1995 without compensatIOn (from 3, 1994 to February 1, 1995) as a correctional officer at the Pembroke Jail. There shall'be no loss of semority or pension credits resulting from the grIevor's discharge and the period of dIscharge will be treated as a leave without pay for the purpose of benefits and entitlements. ~.r ""'"'" (h.<.~ "'&.,..L~ ~ L ..,.,.. n" e>c.<.oct.< IN- <...Ivv"'-cta.r .An~ A ~ s..u..J.... ~~ 3 Upon reinstatement, the grievor sha not inc~m record that exceeds the average absenteeism of all correctIonal offi ers at the aI urmg each of two (2) consecutive twelve month periods commenci from the date of remstatement. ~hould the gnevor's record of absenteeism exceed the aforeme tIOned average dunng anyone of the noted twelve month pen ods he may be dIsmIssed, subject to'the occurrence of an unusual event or other CIrcumstance beyond - the grIevor's control, such as an aCCIdent, whIch results m the gnevor's mcapacIty over an extended period oftime. Such an event includes, but is not limIted to, mcapacIty for whIch the gnevor is m receipt of Worker's CompensatIOn benefits, ... 4 Durmg the twenty-four (24) month penod noted m paragraph 3 the greIvor shall prOVIde acceptable medIcal certIficates for all absences due to medical reasons which shall specify the medical reasons for all such absences. -2- 5 The grIevor and the Union agree to wIthdraw the noted grievance. 6 The parties agree that the Memorandum of Settlement shall be an order of the Grievance Settlement Board. Dated thIS J-o day of p ~e Grievor [ ~ i