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HomeMy WebLinkAbout1994-1668ANDERSON95_07_25 ..-- ONTARIO EMPLOytS DE LA COURONNE J.~ ' CROWN EMPLOYEES DE L'ONTARIO ~(C'- tLj GRIEVANCE COMMISSION DE SqS.,r , ,dO 1111 SETTLEMENT REGLEMENT "-' BOARD DES GRIEFS 180 DUNDAS STREET WEST SUITE 2100, TORONTO, ONTARIO M5G lZ8 TELEPHONEITIiLSPHONE (416) 326-1388 180, RUE DUNDAS OUEST BUREAU 2100, TORONTO (ONTARIO) M5G IZ8 FACSIMILE ITSLSCOPIE (416) 326-1396 ---- '1 I RECE!\/ED GSB# 1668/94, 1668A/94, 1668B/94 OPSEU# 94F383, 94F386, 94F384, 94F385 JUL 2 4 1995 I' PUBLIC SERVice IN THE MATTER OF AN ARBITRATION APPEAL BOARDS Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Anderson) Grievor - and - The Crown in Right of ontario (Ministry of Community & Social services) Employer BEFORE: W. Kaplan Vice-Chairperson FOR THE C Walker GRIEVOR Job Security Officer Ontario Public Service Employees Union FOR THE D Strang EMPLOYER Counsel Legal Service Branch Management Board Secretariat GSB# 1668/94, 1668A/94, 1668B/94 OPSEU# 94F383, 94F386, 94F384, 94F385 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 July, 1995 /;11 ;------ w Kaplan, Vice-Chairperson .,-/ GSB File Nos 1668/94, 1668A/94, 1668B/94 MEMORANDUM OF SETTLEMENT BET WEE N ONTARIO PUBLIC SERVICE EMPLOYEES UNION ( OPSEU) - and - NORA ANDERSON ( Grievor) - and - THE CROWN IN RIGHT OF ONTARIO as represented by MANAGEMENT BOARD SECRETARIAT, MINISTRY OF THE ATTORNEY GENERAL, MINISTRY OF COMMUNITY AND SOCIAL SERVICES AND THE OXFORD REGIONAL CENTRE (the Employer) The parties agree as follows 1 The Memorandum of Agreement titled "Direct Assignment of Surplus Employees - Pilot Program" a copy of which is attached hereto as appendix ' A' formed part of the Collective Agreement between the parties and that notwithstanding the six-month term in that agreement, its terms were extended indefinitely prior to December 31, 1993 The terms of the aforesaid direct assignment of surplus employees agreement formed part of the working conditions of members of the bargaining unit when the last collective agreement expired and form part of the working conditions preserved by s 81 of the Labour Relations Act These provisions are applicable in the event of a facility closure during the period s 81 preserves working conditions including the closure of the Oxford Regional Centre 2 When placing employees under s 3 of the aforesaid direct assignment of surplus employees agreement, a determination must be made as to whether or not one or more surplus employees are "minimally qualified" to perform the work of a vacant position when surplus employees are matched to the vacancy and where that requirement is met, by one or more employees, to make an assignment on the basis of seniority, geographical location, salary and classification and skill level 3 The parties request that the foregoing agreement be issued as an order of the Board in this matter Signed this I t.( tl day of July, 1995 e Crown ht of Ontario l~~~ . Ontario Public Service Employees Union ,~ " ,l GSB File Nos 1668/94, 1668A/94. 1668B/94 D R A i' T PROPOSED MEMORANDUM OF SETTLEMENT BET WEE N ONTARIO PUBLIC SERVICE EMPLOYEES UNION (OPSEU) - and - NORA ANDERSON ( Grievor) - and - THE CROWN IN RIGHT OF ONTARIO as represented by MANAGEMENT BOARD SECRETARIAT, MINISTRY OF THE ATTORNEY GENERAL, MINISTRY OF COMMUNITY AND SOCIAL SERVICES AND THE OXFORD REGIONAL CENTRE (the Employer) WITHOUT PRECEDENT OR PREJUDICE the parties agree to settle OPSEU grievance Nos 94F 383, 94F 386, 94F 384, and 94F 385 filed as GSB~ Nos 1668/94, 1668A/94 and 1668B/94 as follows . 4 v~~~ ~~...... "-~~",-Jw-~ -i...\...~ /, 1 The Employer will rescind Nora Anderson's assignment SW94/18 to Ministry of Transportation at London as a Senior Construction Clerk OAG 8 and return her to the position of residential counsellor at the Oxford Regional Centre, Woodstock as of the date of this settlement ~\~ ~ 2 Nora Anderson's surplus status will be reactivated "i"or ~ ;:-~"',.........~ \'f'IoLh~ fiL~L .ix lIlOl,tl.3 of her ~"rl'l"o 1'0 ieEi aft~r the date I of thiii ii~tt] ement, she will be eligible for positions 3% above and 10% below her current salary parameters 3 Nora Anderson will 1ge e:nti tle:d t-Q commence her retraining entitlement under Article 24 of the Collective Agree~ as of the date of this settlement 'Ire:. /Ot t 1\) tc:..ke.., bd-o,c- F~l4rv~d"7 6, d1~ WI ({ b~ k..kcl\ 14>1 WcoJsfock r::;;;i!- 4 Nora Anderson shall be assigned to the first available vacancy in Woodstock which is within her salary parameters and for which she is minimally qualified After ~i)( months she may be assigned to positions in zone one as de1ribed in the Employer's direct assignment program ~ fdo#~ ",.Jy D) /~ ft _ 5 It is agreed that the assignments of Meg Wallace to the position of trial coordinator OAG 9 at the Woodstock Courthouse and Zenon Fekner to civil operations clerk OAG 8 are final and will not be challenged in any grievance or claim whatsoever except to the extent that Zenan / Fekner may challenge his own assignment in a grievance J/ already filed with the Employer r ./ (SOO~ '''o~ 6 The Employer will pay to Nora Anderson a sum of ~.--B{} / / on acc_ount of travel e~~s CLt1C' (..c tvt!yf 10 dayt; or t/r....cc../-tCv1. t/ fc../u" "~J.....,,, f!'IS -to 10 do..y C' f ~-,c..^ f{ /1Ft e... 7 The foregoing represents a full and final settlement of claims raised in the aforementioned grievances and they are hereby withdrawn Signed this G. \-l... day of July, 1995 ~ 1 ~~ ~~~ . V'vl C. C.A/,--,~ \" d- . Nora Anderson ' r;hv~i9h6 of Ontario Q~~~~~v ~ - ~ Ontario Public Service Employees Union