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HomeMy WebLinkAbout1994-1577UNION95_10_25 ---- ONTARIO EMPLOYES DE LA COURONNE '1'\O:tv{)~ CROWN EMPLOYEES DEL'ONTARIO 1111 GRIEVANCE ~ COMMISSION DE riwv , ~' SETTLEMENT REGLEMENT :0'<; BOARD DES GRIEFS 180 DUNDAS STREET WEST SUITE 2100 TORONTO, ONTARIO. M5G lZ8 TELEPHONE /Tt:Lt:PHONE (416) 326-1388 180 RUE DUNDAS OUEST BUREAU 2100 TORONTO (ONTARIO) M5G lZ8 FACSIMILE /Tt:Lt:COPIE (416) 326-1396 , ---..-.,---._,_._-.,.,..---,,......._---~ GSB# 1577/94 I ,., F.';;;:' ;:- t? ~ # ~~;~:':>. ~ OPSEU# MBS-U979 I ' ~! -~~ ;~ '~ I !:'!E.1.:I b;:,Y' I IN THE HATTER OF AN ARBITRATION I I OCT 3 0 1995 Under I c, ""-'-"', f r~~ I I . ~,~~THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT \ !.j r. , jf \, ;}::; I ~ t..... ~__.'..<..._~__,."_..v_~~_ ~'_~__'~_~A< __~.,,~~_: Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Union Grievance) Grievor - and - The Crown in Right of ontario (Management Board secretariat) Employer BEFORE: N Dissanayake Vice-Chairperson p Klym Member D Montrose Member FOR THE R Davis GRIEVOR Counsel Koskie & Minsky Barristers & Solicitors FOR THE L Marvy EMPLOYER Counsel Legal Services Branch Management Board Secretariat HEARING October 13, 19, 1995 - GSB# 1577/94 OPSEU# MBS-U979 BOARD ORDER Attached is the Memorandum of Settlement which the parties agreed would be made an Order of the Board DATED at Toronto, this 25th day of October, 1995 ~g-~ ~ N Dissanayake, Vice-Chairperson If( 6J/~ P. Klym, Member , ~L ~~ D Montrose, Member ~ --------~ ~ GSB File No. 1577/93 BEFORE THE GRIEVANCE SETTLEMENT BOARD In the sat.t.er of an Arbitration of a union Grievance 4ated september 20, 1994 (IItbe Union Grievanoetl) BET WEE N: on~ario Publi~ serviee Employee's onion (the "uniontl) - and - The Crown in Right of ontario (Manaqement Board secretariat) (the "Employer") pKORANDUH OF SETTLEMENT WHEREAS the Union filed the Union Grievance claiming the Employer was calculating seve~ance pay contrary to the provisions of the Human Rights Code; AND WHEREAS various individuals have file.d grievances- claiming their severance pay was improperly calculated contrary to the provisions of the Human Rights Code; AND WHEREAS the Employer was notified by the Union on or about January 1, 1994 that the Union considered its use of Article 53 6(b) of the Collective Agreement to exclude time spent on the Long Term Income Protectl.on Plan from an employee's continuous service used to calculate entitlement to, and the amount of, severance pay to be contrary to the Human Rights Code; AND WHEREAS the Employer ceased applying Article 53 6(b) of the. Collective Agreement as of March 7, 1994: AND WHEREAS the Union and the Employer hereby consent to this settlement baing made an order of the Crown Employee's Grievance Settlement Board. NOW THEREFORE the following shall constitute full and final settlement of the Union Grievance which claimed the Employer has violated Article "A" of the ontario Public Service Collective Agreement by denying portions of severance/Termination payments to employees who have received long term income protection payments, and requested that the Employer comply with Article "A" and provide all effected employees with the proper ~ Severance/Termination payments retroactively and w~ th irLterest on any and all amounts owing l Th.a Employer will calculate entitlement to, and the amount of, severance pay for all employees who retire on or after November 15, 1993 without applying Article 53 6(0) of the collective Agreement to the calculation of the employee t s continuous service. 2 The Employer agrees to pay all employee ~vho retire on or after November 15, 1993{ the severance pay calculated pursuant to paragraph 1 above, together with interest on any amount which was not paid due to the application of Article 536(b), on or before February 26, 1996 3 The Employer \-rill calculate entitlement to, and the amount of severance pay without applying Article 53 <<5 (b) (or its predecessor Article) for all the individuals who filed grievances on or before October 13, 1995 Claiming their se.verance pay was improperly calculated due to the applicat~on of Article 53.6(b) to the calculation, and pay those employees the severance. pay so calculated, together with interest calculated from November 15, 1993 to the date of payment on any amount which was not paid at the time of termination due to the application of Article 53 6(b) within 60 days of being notified of the grievance by receiving a copy sent by the union to the attention of the Administrative Assistant, Co-Ordinator Collective Agreements Administration, Management Board Secretariat. 4. The Union hereby withdraws its grievance from further consideration by the Grievance Settlement Board. DATED at Toronto, this 19th day of October, lS95 a!J )~~ \...~. FOR THE UNION n. ,-:::-r ) OV~ OCT (1(Q7' *t TOT~L PRGf 004 ++