HomeMy WebLinkAbout1998-0886.Kukulewich.00-02-09 Decision
o NTARW EMPU) YES DE LA COURONNE
CROW"! EMPLOYEES DE L "()NTARW
-- 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 # 886/98
OPSEU # 98B440
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BElWEEN
Ontano Pubhc ServIce Employees Umon
(KukulewIch)
Grievor
- and -
The Crown 111 Right of Ontano
(Mimsm of Health)
Emplover
BEFORE Nimal DISSanayake Vice Charr
FOR THE Richard BlaIr
GRIEVOR Counsel
Ryder Wnght, Blair & Doyle
Barnsters & SohcItors
FOR THE Len HatzIs
EMPLOYER Counsel, Legal ServIces Branch
Management Board Secretariat
HEARING Februan 4 2000
DECISION
Mr Bill Kukulewich filed a grlevance dated July 15, 1998,
claiming that he was unjustly disciplined by the employer by
letter dated July 9, 1998 When this matter came up before me
on February 4, 2000, the parties agreed to a mediation-
arbitration process
Following mediation, the parties were able to resolve the
grlevance by executing the following Minutes of Settlement
Whereas the grlevor received a letter of discipline
and a suspension of two twelve hour shifts without pay
by letter of July 9th, 1998,
And whereas the grlevor and unlon filed a grlevance
dated July 15, 1998, and whereas that grlevance was
processed to arbitration In accordance with the terms
of the Collective Agreement between the Union and the
Employer,
And whereas the parties have agreed to fully and
finally settle the grlevance and all matters between
them glvlng rlse to the grlevance or arlslng
therefrom,
Therefore, without prejudice or precedent or admission
of liability, the parties agree as follows
1 The letter of July 9, 1998 and the suspenslon
are rescinded and removed from Mr
Kukulewich-s employment file and/or any other
file In the control of the Employer or its
agents, wheresoever or howsoever kept
Removal shall take place forthwith, and all
2
coples of the letter and suspension destroyed
forthwith
2 The Employer shall forthwith provide the
grlevor with full redress In the form of an
amount equivalent to the amount the grlevor
would have been paid (two twelve-hour shifts)
had he not been suspended This amount shall
be subject to the normal statutory deductions
required by law
3 In consideration for the above, the grlevor
and the unlon hereby withdraw the grlevance
dated July 15, 1998, noted above
4 The parties agree that the terms of this
settlement shall lssue as an order of the
Grievance Settlement Board and further that
any allegation concernlng an alleged breach
of any part of this settlement may be
referred to the Grievance Settlement Board
for determination, and further that Vice
Chair N Dissanayake shall remaln seized
5 In recognition of all of the above, and for
good and mutual consideration, the grlevor
agrees to fully and finally release the
Employer and Union from any claims or
liabilities or demands arlslng from the
events glvlng rlse to the letter of
discipline or the grlevance or the union .S
representation In respect the reo f, not
limited to but including any claims under the
Labour Relations Act, the Crown Employees
Collective Barqaininq Act, the Employment
Standards Act, or the Ontario Human Riqhts
Code Further the Employer agrees to release
the grlevor and the unlon from any claims
against the union or the grlevor arlslng from
the events glvlng rlse to the letter of
discipline, the grlevance or the union .S
representation In respect thereof Further,
the unlon agrees to release the grlevor and
the employer from any claims against the
grlevor or the employer arlslng from the
events glvlng rlse to the letter of
3
discipline, the gr1evance, or the union~
representation 1n respect thereof
6 It 1S understood that the release 1n
paragraph 5 above does not release the
parties 1n respect of the letters of
discipline and suspenS10ns or non-renewal of
contract concern1ng Bob Lewis and Mel
Gimblett, or their gr1evances dated July 15,
1998 and August 9, 1998 It 1S further
understood that the release does not release
the parties from their obligations under this
settlement or the enforcement thereof
In accordance wi th paragraph 4 above, the terms of the
foregoing Minutes of Settlement shall constitute an order of the
Board, and I rema1n seized for the purposes contemplated in that
paragraph
Dated this 9TH day of February 2000 at Hamilton, Ontario
~ "
,,~ ~
~ .
::"--: ~ .~
Nimal V Dissanayake, Vice-Chair
4