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HomeMy WebLinkAbout2000-0447.Union.00-03-05 Decision o NTARl 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 #0447/00 1042/00 OPSEU#OOU072, 00U130 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano Pubhc ServIce Employees Umon (Umon Gnevance) Gnevor - and - The Crown m RIght of Ontano (Mimsm of the Commum~ and SocIal ServIces) Employer BEFORE DJ.D LeIghton V Ice Chair FOR THE RIchard Blair Counsel GRIEVOR Ryder Wnght, Blair & Doyle Bamsters and Sohcltors FOR THE Len Mam Semor Counsel EMPLOYER John SmIth, Semor Counsel Legal ServIces Branch Management Board Secretanat HEARING Januan 27 2001 2 Decision Havmg carefully consIdered the submIssIons of the partIes on February 27, 2001, I have decIded that whIle the partIes restncted the entItlements of employees eXItmg the OPS under sectIOn 5 2 of AppendIX 18 to certam payments and the benefit of ArtIcle 20 15 and ArtIcle 2019, thIs does not mean that an employee surplused under SectIOn 5 2, If they return to the OPS, IS not obhgated to repay momes m accord With ArtIcles 20 2.4 or 2025 Thus any person who was surplused accordmg to SectIOn 5.2 of AppendIX 18, who subsequently secures a pOSItIOn WIthm the OPS, IS reqUIred to make payments m accord With ArtIcles 20 2 4 or 20 2 5 , whIchever IS apphcable Further the employee s servIce date shall be calculated as reqUIred by ArtIcles 20 2.4 and 20 2 5 as apphcable Reasons to follow 3 Dated at Toronto, thIs 5h day of March, 2001 D JD LeIghton, Vice-ChaIr