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HomeMy WebLinkAbout1994-1253GORDON_ET_AL97_03_ ONTARIO EMPLOYES DE LA COURONNE / CROWN EMPLOYEES DE L'ONTARIO 1111 GRIEVANCE COMMISSION DE SElTLEMENT " 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 FACSIMILE/TELECOPIE (4"/6) 326-1396 GSB # 1253/94, 1254/94 OPSEU # 94F274, 94F273 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Gordon/Lecocq) GRIEVOR - and - the Crown in Right of ontario (Ministry of Transportation) Employer BEFORE B B Fisher Vice-Chair FOR THE M McFadden M. MacKinnon GRIEVOR Counsel Counsel Koskie & Minsky Marc L Bode Barristers & Solicitiors Barristers & Solicitiors FOR THE L Marvy EMPLOYER Counsel Legal Services Branch Management Board Secretariat HEARING January 21, 1997 ,- - 2 - . On Consent of the parties, the Board makes the following Order SETTLEMENT TERMS. 1 The original competition for the position of Corridor Management Officer ("CMO") will re-run, and the interview panel will consist of the following persons' . Mr Gord Gombola, . Ms. V Cameron, . a person from the Ministry of Transportation ("MOT") from outside the Northwestern Region of the MOT, 2 The target time for the re-run competition will be the week of April 21, 1997, 3 The interview questions for the re-run competition will be derived from the CMO manual, a copy of which will be made immediately available to C Lecocq, C Gordon and D Valley-Moratz; - 3 - 4 The questions during the interview will reflect the job requirements as set out in the job specification for a CMO, and a copy of the job specification will be made immediately available to Lecocq, Gordon and Valley-Moratz, 5 In all respects, the re-run competition will be conducted in accordance with the jurisprudence of the GSB, and to the extent possible, the competition will be structured so as to limit any advantage that may accrue to Valley-Moratz as a result of her experience gained in the CMO position, and the experience and training of Valley-Moratz since winning the initial competition cannot be a factor taken into account; 6 The re-run competition is limited to Valley-Moratz, Lecocq and Gordon, 7 If either Lecocq or Gordon wins the re-run competition the appointment date will be the appointment date of the original competition, salary and benefits will be adjusted retroactively, and the appointment date shall be the basis for determining the anniversary date and any merit pay increases, and interest is payable on any retroactive wage adjustments in accordance with the Hallowel House principle,o 8 In the event that Ms Gordon is put to an election on her Article 24 (surplus) rights prior to the determination of the results of the re-run, the following shall apply' ,/' - 4 - a) (1 ) If Ms. Gordon elects to resign and take her severance, termination, Appendix 14 etc. monies under the collective agreement, she will maintain her seniority for the purpose of the re-run, and if successful on the re-run, for all other purposes, and her right to grieve the implementation of the settlement and/or the competition re-run, (2) Should Ms. Gordon be successful on the re-run and accept the position, she will reimburse the Employer pursuant to Article 24 of the collective agreement under a) (1), b) (1 ) Should Ms. Gordon elect to bump outside 40 km, she will not be required to relocate her new position until after the results of the re- run are determined, (2) Should Ms Gordon be successful in the re-run, she will be placed in the position of CMO 9 Arbitrator B Fisher is to remain seized of the implementation of this settlement and any dispute that may arise as a result of the re-run competition, -" - 5 - 10 These settlement terms are without prejudice or precedent to any other matter that may arise between the parties Dated at Toronto this 19TH day of March, 1997 ?/ Fisher -----