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HomeMy WebLinkAbout1995-0211BLANCHARD96_11_12 OwrARIO EMPLOYES DE LA COURONNE CROWN EMPLOYEES DEL'ONrARIO 1111 GRIEVANCE COMMISSION DE SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST, SUITE 2100, TORONTO ON M5G1Z8 TELEPHONE/TELEPHONE (416) 326-1388 180. RUE DUNDAS OUEST, BUREAU 2100, TORONTO (ON) M5G 1Z8 FACS/MILE/TELECOPfE (416) 326-1396 GSB # 211/95, 874/95 OPSEU # 95C509, 95C995 IN THE MATTER OF AN ARBITRATION Under THE CROWN ,EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Blanchard) Grievor - and - The Crown in Right of Ontario (Ministry of Health) Employer BEFORE: S stewart Vice-Chairperson FOR THE M. Keys GRIEVOR Grievance Officer Ontario Public Service Employees Union FOR THE C Nikolich EMPLOYER Counsel Legal Services Branch Management Board Secretariat HEARING November 12, 1996 / BOARD ORDER Attached is the Memorandum of Settlement which the parties agreed would be made an Order of the Board DATED at Toronto, this 12th day of November, 1996. );f) ::- (J Ll~ "-~. S Stewart, Vice-Chairperson , .- GSB #'S 211/95 & 0874/95 THIS AGREEMENT made in triplicate IN THE MATTER OF AN ARBITRATION UNDER THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT BEFORE THE GRIEVANCE SETTLEMENT BOARD BETWEEN ONTARIO PUBLIC SERVICE UNION ( "Union") - and - MONTH BLANCHARD ("Employee" ) - and - THE CROWN N THE RIGHT OF ONTARIO as represented by the Ministry of Health (the "Ministry") MINUTES OF SETTLEMENT AND RELEASE WHEREAS the Grievor, on March 6, 1995 grieved a 10-day suspension by the Employer and on May 30, 1995 grieved his dismissal by the Employer (known as GSB #'s 211/95 and 0874/95) AND WHEREAS the parties wish to resolve these grei vances, the parties ag~ee to the full and final settlemen} ~ the grievances on the follow~ng terms VJ :2::;, :) 1"- I (Iii) . C 1 The Employer will pay to the Grievor a;:sum of six thousand ($6,000 000) dollars less statutory deductions in full and final settlement of the above noted grievances 2 The Grievor agrees to resign from his position Heavy Duty Cleaner, at the Whitby Menta 1 Health Centre, effective May 26, 1995, attached as Appendix "A" 3 The Employer agrees to provide a Letter of Employment attached as as Appendix "B" 4 In consideration of the above paragraphs, the Grievor, by executing this agreement, acknowledges his release from employment and releases and forever discharges the Employer, its employees, agents, officials and servants of and from all actions, causes of actions, claims, complaints, grievances and demands of every nature and kind whether arising at common law, in equity, by statute or otherwise, arising out of or as a result of his employment with or termination from employment with the Employer, including but not limited to all claims arising under the collective agreement between the Union and the Employer, Human Rights Code, the Emplovments Standards Act, the Unemployment Insurance Act and the Public service Act and its Regulations 5 It is understood by both parties that the payment referred to ~above satisfied any and all statutory and common law entitlements ~ owing to him due to the release of his employment, including \;:V\ }:~benefits arising from the "termination" and "severance" provisions ~' 9-ot the' Emplovment Standards Act and the Public service Act and that Cf'\l\echv'e Grievor will make no further claim to such entitlements other than ~le6~f)t that which is set out in this Memorandum. 6 The Grievor and the Union by executing this Memorandum withdraw all grievances and complaints presently filed against the Employer 7 The Union and the Employer can, upon 30 days notice of the other party make this Memorandum an order of the Grievance Settlement Board. lCel 5 I q 1<"'-G9 1 ! for the nion --7~~o/ / 1f-' - .~~~~z- d /. for/the Grievor / /</I'!-/ 0(' 7 h /., /,..{ ~ ;It/ ~"V ',-- L~ Date / Date , ~ APPENDIX "A" May 26, 1995 Ron Ballantyne Hospital Administrator Whitby Mental Health Centre P.O Box 613 700 Gordon street Whitby, ontario L1N 5S9 Dear Mr Ballantyne. with this letter I am resigning from my position as Heavy Duty Cleaner with the Whitby Mental Health Centre Yours truly, Monty Blanchard / APPENDIX "B" November 12, 1996 TO WHOM IT MAY CONCERN This will confirm that Mr Monty Blanchard was employed as a Heavy Duty Cleaner within the Housekeeping and Laundry Services Department at the Whitby Mental Health Centre from October 29, 1984 to May 26, 1995 These duties included ref inishing of floors, moving furniture, operating heavy duty cleaning equipment, cleaning washrooms in an institutional environment Corey williams Director, Housekeeping and Laundry Services