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HomeMy WebLinkAbout2003-0576.Kavanaugh.05-05-02 Decision Crown Employees Commission de ~~ Grievance Settlement reglement des griefs Board des employes de la Couronne ~-,... Suite 600 Bureau 600 Ontario 180 Dundas Sl. West 180 rue Dundas Ouest Toronto Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tel. (416) 326-1388 Fax (416) 326-1396 Telec. (416) 326-1396 GSB# 2003-0576 2003-0904 UNION#2003-0542-0005 2003-0542-0006 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Kavanaugh) Union - and - The Crown In RIght of Ontano (Mimstry of Commumty and SocIal ServIces) Employer BEFORE Barry B FIsher Vice-Chair FOR THE UNION Ms CarolIne Jones PalIare Roland Rosenberg RothensteIn LLP BarrIsters and SOlICItorS FOR THE EMPLOYER Rosalyn PnncIpe Counsel Management Board Secretanat HEARING Apnl 26 2005 2 Award The partIes reached a settlement of these two matters as a result of a medIatIOn held on September 21 2004 As the settlement Itself was confidentIal, I wIll not set out Its terms In thIS Award. The Umon has brought thIS matter further before me under the provIsIOn In the Memorandum of Settlement whereby I retaIned JunsdIctIOn to deal wIth any dIsputes ansIng from the ImplementatIOn of thIS Award. The Board orders as follows 1 EffectIve Apnl 27 2005 the Gnevor shall be placed on a paid leave of absence, wIthout loss of benefits or semonty untIl such tIme as the Employer complIes wIth paragraph 1 of the Memorandum of Settlement. 2 The Employer shall advIse the Gnevor and the Umon of the posItIOn In whIch he IS beIng placed by means of a fax to the Umon (c/o Mark Barclay) and by couner and bye-mall to the Gnevor at the addresses provIded to the Employer by the Gnevor at the heanng. 3 The notIce reqUIred In paragraph 2 of thIS A ward shall be gIven on three (3) clear calendar days' notIce, not countIng the day of servIce or the day that the Gnevor IS expected to attend at work. 4 If, dunng the penod of tIme that the Gnevor IS on paid leave of absence pursuant to thIS Award, there IS a stnke or lockout, then the paid leave of absence wIll be suspended for the duratIOn of the stnke or lockout. 5 I contInue to retaIn JunsdIctIOn wIth respect to any dIspute ansIng from the admInIstratIOn, ImplementatIOn or enforcement of both the ongInal Memorandum of Settlement and thIS Award. ~a~.rd at Toronto ~~~s 2nd day of May 2005