Loading...
HomeMy WebLinkAbout1995-1124.Sanders.00-02-28 Decision o NTARW EMPU) YES DE LA COURONNE CROW"! EMPLOYEES DE L DNTARW GRIEVANCE COMMISSION DE . . SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST SUITE 600 TORONTO ON M5G 128 TELEPHONElTELEPHONE, (416) 326-1388 180 RUE DUNDAS OUEST BUREAU 600 TORONTO (ON) M5G 128 FACSIMILElTELECOPIE. (416) 326-1396 GSB # 1124/95 OPSEU # 95E1l9 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano Pubhc ServIce Employees Uruon (Sanders) GIievor - and - The Crown m Right of Ontano (ThaITIes Valle, Ambulance Lllmted) Employer BEFORE Eva E. MarszewskI Vice ChaIr FOR THE Nick. Coleman GRIEVOR Counsel Gowlmg, Strath, & Henderson Bamsters & SohcItors FOR THE Kelh GrahaITI EMPLOYER Counsel Middlebro' & Stevens Bamsters & SohcItors HEARING October 18, 1999 Further to a medIatIOn/arbItratIOn heanng held In the above noted matter the partIes, each represented by Counsel, reached a resolutIOn of the Issues In questIOn accordIng to the terms set out In the Minutes of Settlement appended hereto as ExhibIt' A' The terms of the Minutes of Settlement, appended hereto as ExhIbIt' A' are hereby Incorporated as an Order of thIS Board. ThIS Board remaInS seIzed of thIS matter In the event that there IS any Issue WIth respect to the ImplementatIOn of thIS award. Dated at Toronto thIS 28th day of February 2000 ,J) ~jf; ~,.~- ~";"'I::!.,r,_ Eva E MarszewskI, Vice-Chair 2 GSB NO 1124/95 IN THE MATTER OF A LABOUR ARBITRATION BETWEEN ONT ARIO PUBLIC SERVICE EMPLOYEES UNION - and - THE CROWN IN RIGHT OF ONTARIO (Thames Valley Ambulance LImIted) MEMORANDUM OF SETTLEMENT WHEREAS Mr B Sanders and the Uillon filed a gnevance dated May 17 1995 (OPSEU # 95E119) AND WHEREAS Mr Sanders commenced employment wIth the Thames Valley Ambulance LImIted ("TV A") on November 5 1969 as an ambulance attendant; AND WHEREAS Mr Sanders suffered vanous InJunes dunng the course of hIS employment, IncludIng an Injury In May 1991 from whIch he was not able to return to actIve employment as an ambulance attendant; AND WHEREAS TV A wIshed to termInated the employment of Mr Sanders and Issued a notIce of termInatIOn dated August 30 1994 AND WHEREAS the notIce of termInatIOn could not take effect untIl after November 8 1994 3 AND WHEREAS the Memorandum of Settlement between the partIcIpatIng ambulance servIces and OPSEU was negotIated on September 22, 1994 and ratIfied on November 8 1994 AND WHEREAS the Memorandum of Settlement, page 6 ArtIcle 7 provIded for severance pay of one week's pay per year of servIce for an employee who was unable to meet the condItIOns of employment for physIcal or mental reasons and who was termInated by the employer AND WHEREAS Mr Sanders was unable to meet the condItIOns of employment of ambulance attendant for physIcal reasons and TV A wIshed to termInate hIS employement; AND WHEREAS Mr Sanders was prepared to accept the termInatIOn of employment; THEREFORE, the partIes agree to the folloWIng terms In full and final settlement of the above- noted gnevance, on a wIthout precedent, wIthout preJudIce basIs 1 TV A wIll pay to Mr Sanders the sum of $1876000 as severance pay for 25 years of employment; 2 The sum to be paid to Mr Sanders wIll be charactenzed as a retmng allowance and wIll be paid by dIrect deposIt to the RRSP account of Mr Sanders pursuant to hIS lawful dIrectIOn, wIthout tax wIthholdIng; 4 3 The sum to be paid to Mr Sanders wIll be paid wIthIn eIghts weeks of the date of the award of the Gnevance Settlement Board IncorporatIng the settlement; 4 The partIes agree that the Gnevance Settlement Board wIll Issue an order IncorporatIng thIS settlment; and 5 The Umon an Mr Sander wIll wIthdraw the above-noted gnevance Dated at Toronto thIS 18th day of October 1999 " SIgnature" Thames Valley Ambulance LImIted "SIgnature" Ontano PublIc ServIce Employees Umon N Coleman, Counsel " SIgnature" B Sanders 5