HomeMy WebLinkAbout1997-2221.Union Grievance.98-04-14 Decision
o NTARlO EMPUJYES DE LA COURONNE
CROW"! EMPLOYEES DE L 'ONTARlO
. . GRIEVANCE COMMISSION DE
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 600 TORONTO ON M5G 128 TELEPHONBTELEPHON~ (416) 326-1388
180 RUE DUNDAS OUEST BUREAU 600, TORONTO (ON) M5G 128 FACSIMILBTELECOPIE. (416) 326-1396
GSB # 2221/97
OPSEU # 98U026
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BElWEEN
Ontano Pubhc ServIce Emplovees Umon
(Umon Gnevance)
Grievor
- and -
The Crown 111 Right of Ontano
(Mimsm of Natural Resources)
Employer
BEFORE L. Mikus Vice Chmr
FOR THE G Leeb
GRIEVOR Gnevance Officer
Ontano Pubhc ServIce Emplovees Umon
FOR THE M, Nixon
EMPLOYER Counsel
Legal ServIces Branch
MmIagement Board SecretarIat
HEARING March 26 27 1998
On March 10 1998 the Dmon filed a gnevance allegmg the Employer had vIolated Appendix A m
respect of Its Sustamable Forest LIcence Program (- SFL- ) At the heanng on March 26 1998 the
partIes reached an agreement on all outstanding matters and asked that the agreement be made an order
of the Board, It IS therefore ordered as follows
MEMORANDUM OF AGREEMENT
BETWEEN
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
and
THE CROWN IN THE RIGHT OF ONTARIO AS
REPRESENTED BY THE MINISTRY OF NATURAL
RESOURCES (the -Mimstry-)
Whereas thIS settlement IS on a wIthout prejUdICe and precedent basIs and IS confined to
the partIcular fact sItuaTIOn ansmg out of the Mimstry-s Sustamable Forest LIcence
Programme (- SFL Programme);
The PartIes agree to resolve all matters pertmmng to the Mimstry-s SFL programme on
the followmg basIs
1 The Dmon will Withdraw Immediately all gnevances ansmg out of the SFL
Programme
2 The Dmon hereby releases the Mimstry from all habihty With regard to all
actIOns, past or present, relaTIng to the SFL Programme, mcludmg those
ansmg from ItS obhgaTIon under the collecTIve agreement and agrees not
to bnng any gnevances or other actIOn relaTIng to those past or present
aCTIons
3 The Mimstry will be free to proceed With the Issuance of hcences and
related programme aCTIVITIeS,
4 The Mimstry will not Issue surplus nOTIces as a result of the SFL
Programme to the 35 employees whose names are attached as Schedule
- A-to thIs agreement. The Dmon will venfy the names on thIs hst and
Will advIse the Mimstry accordingly on or before April 3 1998
5 If any of these 35 employees obtam employment With any SFL company
or shareholder or partner company or any other company provIding
forest management servIces related to the SFL Programme, they will be
enTItled to the eXit provIsIons of the collecTIve agreement m force at the
TIme,
6 Any of the 35 employees m Schedule -A- who chose to be surplused on
or before Apnl 3 1998 will be entItled to such surplus notIce for the sole
purpose of eXITIng the OPS ImmedIately
7 The Mimstry retaIns the nght to surplus any of these 35 employees and to
reassIgn them to a vacant pOSITIOn wIthIn 40 km, Of theIr work locaTIon m
accordance With the provIsIons of the collecTIve agreement.
8 In accordance With the collecTIve agreement the mImstry and the Dmon
agree to have regular meeTIngs With regard to ItS AlternaTIve ServIce
Dehvery aCTIVITIeS at MERC
9 The partIes agree that Ms, Loretta Mikus will be seIzed With all matters
pertalmng to the ImplementaTIon of thIs agreement.
Dated March 26 1998
FOR THE MINISTRY FOR THE UNION
-George Ross- -Cameron Walker-
- Robert Kennedy- -Gavm Leeb-
Dated at Toronto, Ontano, tills 14th day of Apnl, 1998
-
Loretta Mikus, Vice-Chair
3