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HomeMy WebLinkAbout1999-1278.Smith.00-12-15 Order o NTARI 0 EMPLOYES DE LA COL'RONNE CROWN EAIPLOYEES DE L 'ONTARIO -- 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 #1278/99 1664/99 2001/99 OPSEU#00D161 00D162,00D163 00B003 99E173 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (DavId Smlth/Robert SmIth) Gnevor - and - The Crown m RIght of Ontano (Mimsm of the Envlfonment) Employer BEFORE Darnel A. HarrIs V Ice Chair FOR THE Nelson Roland, Counsel GRIEVOR Bamster and SolIcItor FOR THE Yasmeena Mohamed, Counsel EMPLOYER Stephen Patterson, Counsel Carol Ann Witt, Counsel Legal ServIces Branch Management Board Secretanat HEARING October 16 2000 2 These matters came before the Board on October 16, 2000 At that tIme the followmg gnevances were consolIdated ROBERT SmIth GSB#2001/99, OPSEU 00D161 (Surplus) OPSEU 00D162 (Job competItIOn) 00D163 (Job competItIOn) DA VE SmIth GSB# 1664/99 OPSEU 00B003 (Lay-off) GSB#1278/99 OPSEU 99E 173 (Lay- off) The consolIdatIOn was ordered because they have questIOns of law and fact m common and the relIef claimed anses out of the same senes of occurrences In partIcular, m these matters the umon raised a prelImmary Issue that there was no valId delegatIOn of authonty underpmnmg and valIdatmg the employer's actIOn m the first mstances The partIes entered mto mediatIOn dIscussIOns at the begmnmg of the day Those efforts contmued mto the evenmg and resulted m a full and final settlement. That settlement was subject to ratIficatIOn by OPSEU It was also subject to a confidentIalIty provIsIOn requested by the employer The terms of the settlement are set out m correspondence dated October 26, 2000 from the Board to the partIes That correspondence reads m part as follows ThIS will confirm the agreement reached on October 16 2000 m the DavId SmIth and Robert SmIth matters. After a full da, of mediatIOn the followmg terms were agreed between the partIes 3 1) The emplover will pa, each gnevor the sum of $30 000 as general damages plus $30000 as compensatIOn (subject to statuton deductIOns) 2) These gnevances and an, and all eXlstmg gnevances, gnevable matters or an, other outstandmg dIsputes between the gnevors and the emplover are dlscontmued and wIthdrawn, mcludmg, WIthOut dlmmlshmg the generah~ of the forgomg, the matters current!, bemg pursued before the Ontano Labour RelatIOns Board, 3) The partIes and both gnevors are bound b, the terms of thIS settlement; 4) OPSEU agrees that the prehmman Issue relatmg to the allegatIOn that there was no vahd delegatIOn of authon~ to authonze the actIOns taken m respect of these gnevors will not be raised m an, other matter relatmg to an, emplover actIOns mvolvmg the reorgamzatIOns of thIS branch of the Mimsm of the EnvIronment to the date of the agreement, bemg October 16 2000' 5) The partIes agree to keep the terms of thIS agreement confidentIal, 6) ThIs IS a full and [mal settlement between the partIes and the grelvors and no other proceedmgs m an, other forum will be commenced or entertamed regardmg these Issues. The paragraphs four and five are subject to the ratIficatIOn of OPSEU and the emplover respectIveh I understand from Mr Roland that he IS aWaItmg mstructIOns from OPSEU that It agrees to paragraph 4 I understand from Ms. Mohamed, as expressed m the course of settlement dIscussIOns, that paragraph 5 IS not an essentIal term of the agreement. Accordmgh there IS no bar to Issumg thIS agreement as an Order of the Board. The Board receIved correspondence dated October 27, 2000 from the gnevors' counsel, whIch reads as follows Further to vour letter of October 26 2000 WIth regard to the above -noted matters, please note that the Umon IS satIsfied WIth paragraph 4 Therefore kmdh Issue an Order as soon as possible On November 30, 2000 counsel for the employer sent the followmg correspondence to the Board. 1. The emplover agrees WIth the terms of the agreement as stated under cover of vour letter dated October 26, 2000 2. Accordmgh the emplover requests that vou Issue a Board order as per the aforementIOned agreement. 4 Havmg heard the vanous submIssIOns of the partIes m the course of the medIatIOn- arbItratIOn heanng, I am content that the settlement reached IS a fair and Just resolutIOn of the Issues herem. Accordmgly, It IS ordered that 1) The employer will pa, each gnevor the sum of $30 000 as general damages plus $30 000 as compensatIOn (sub] e ct to statuton deductIOns) 2) These gnevances and an, and all eXlstmg grIevances, gnevable matters or an, other outstandmg dIsputes between the gnevors and the employer are dIscontmued and wIthdrawn, mcludmg, WIthOut dImmIshmg the generah~ of the forgomg, the matters current!, bemg pursued before the Ontano Labour RelatIOns Board, 3) The partIes and both grIevors are bound b, the terms of thIS settlement; 4) OPSEU agrees that the prehmman Issue relatmg to the allegatIOn that there was no vahd delegatIOn of authon~ to authonze the actIOns taken m respect of these gnevors will not be raised m an, other matter relatmg to an, employer aCTIons mvolvmg the reorgamzatIOns of thIS branch of the Mimsm of the EnVIronment to the date of the agreement, bemg October 16 2000' 5) ThIS IS a full and final settlement between the partIes and the greIvors and no other proceedmgs m an, other forum will be commenced or entertamed regardmg these Issues Dated at Toronto, thIS 15th day of December, 2000 Damel A. Hams, VIce-ChaIr