HomeMy WebLinkAbout1996-0083.Cunningham et al.98-12-01
ONTARIO EMPLOYES DE LA COORONNE
CROWN EMPLOYEES DE L'OwrARIO
1111 GRIEVANCE COMMISSION DE
,
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 600, TORONTO ON M5G IZ8 TELEPHONE/TELEPHONE (416) 326-1388
180, RUE DUNDAS OUEST BUREAU 600, TORONTO (ON) M5G IZ8 FACSIM(LE/TELECOPfE (416) 326-139tS
GSB #0083/96, 0084/96, 2041/96, 2042/96, 2043/96
OPSEU 96D194-195, 96H136-158
IN THE MATIER OF AN ARBITRATION
.
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETILEMENT BOARD
BETWEEN
Ontario Public Servtce Employees Union
(Cunningham et al)
Grievors
- and -
The Crown 10 Right of Ontano
(Metro Toronto HOUS1Og Authonty)
Employer
BEFORE Paula Knopf Vice-Charr
FOR THE RIchard Blarr
GRIEVORS Counsel
Ryder Wright Blair & Doyle
Barnsters & SolicItors
FOR THE Bnan Loewen
EMPLOYER Counsel, Legal Servtces Branch
Management Board Secretariat
HEARINGS Aprilll, September 2, October 3 and 10, 1997
November 10, 1998
DECISIO~
The partles engaged in five days of mediation/arbitration efforts before me
in an effort to achieve a mutual resolution of these matters. In the course of the
proceedings, I was al'prised of the facts and circumstances giving rise to these gnevances.
All but the remedial order for each individual grievor has been resolved by the parties.
.
Accordingly, having heard the evidence and submissions of the parties
throughout the mediation/arbitration process, and having regard to the mutual agreements
achieved, I hereby order as follows:
WHEREAS the Union and the grievors have filed the following grievances.
1 Gunton et at dated March 28, 1996
2. Cunningham et al dated March 28, 1996
3 Cunningham et al dated March 29, 1996
4 Convery et at dated September 11, 1996
~ Union grievance dated February 8, 1996 (articles I and 2 and others)
6 Union grievance dated February 8:, 1996 (articles 3 and 19 and. others)
7 Union grievance dated February 8, 1996 (articles 4,5 and 17)
NOW THEREFORE.
1 Within thirty (30) days followmg the receipt of a list indicatini
individual grievors and amounts to whom payments are to be made, the
Employer will pay such amounts to thc= gnevors listed, the total of which
..2.
shall comprise ONE HUNDRED AND EIGHTY THOUSAND
($180,000 00) DOLLARS
2. The Employer shall appoint Mr Amin Walani to a six (6) month
contract as a Client Support Analyst (SOl) effective January 2, 1998 or
such other date as may be agreed,
.
3 Grievors Brian Cunningham and Sean Convery shall be confumed
on a permanent basis into the positions in wroch they currently act
(Administrator (CACP) and Assistant to Maintenance Manager (SOl)),
when and if the positions become pennanent vacancies, or immediately if
the positions are already vacant. Mr Cunningham and Mr Convery shall
be paid at a rate one step above that which they would otherwise be
entitled to under the Collective Agreement up to the maximum rate for the
respective positions. This shall not negatively affect or delay their salary
progression, Until such time as they are confirmed on a permanent basis,
they shall remain in the positions on an acting basis.
4 The Union and the grievors withdraw aU grievances noted above,
and the issues raised in these gnevanccs shall not be raised 111 any other
grievance by the individuals involved in the individual grievances arising
from the events giving me to the named grievances. The amounts to be
determined are payable to each individual grievor out of the sum of ONE
HUNDRED AND EIGHTY THOUSAND ($180,000 00) DOLLARS and
shall be deterrmned by Grievance Settlement Board Vice-Chair Paula
Knopfbased on representations made by the Union and the grievor(s)
concerning the circumstances of each mdiV1duaJ grievor
- ~ .
5 It is acknowledged that the opportunities for employment which
were the subject of the Interim Order of the Board dated October 10,
1997, and the appointment ofMr Jo~ph Szamosi to the position ofField
Mamtenance Supervisor pursuant to the COmpetitiOns arising out of that
Order, are considered part of this Order
.
6. The Grievance Settlement Board shall remam seized oftrus matter
and any matter concerning the implementation of or any alleged breach of
this Order may be brought back before the Grievance Settlement Board at
the i.nsiltence of either party
DATED at Toronto, Ontario, this 1st day of December, 1998
0)
/
Paula Knopf - Vice-Cbairper n