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HomeMy WebLinkAbout2004-4046.Marques.05-07-25 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# 2004-4046 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN ASSOcIatIOn of Management, AdmInIstratIve and ProfessIOnal Crown Employees of Ontano (Marques) Association - and - The Crown In RIght of Ontano (Ontano Clean Water Agency) Employer BEFORE Bram HerlIch Vice-Chair FOR THE UNION James K. McDonald Counsel, Sack, Goldblatt Mitchell BarrIsters and SOlICItorS FOR THE EMPLOYER Len HatzIs Counsel Management Board Secretanat HEARING July 19 2005 2 DeCISIon HavIng heard the submIssIOns of the partIes, and havIng consIdered the CIrcumstances of thIS dIspute, I hereby order 1 A thIrty day (30) suspensIOn wIll be substItuted for the termInatIOn of the Gnevor from employment and the termInatIOn letter dated October 21 2004 Issued to the Gnevor wIll be amended to reflect a thIrty day suspenSIOn. 2 The Gnevor wIll be reInstated to employment wIth the Employer subJect to the terms set out below 3 The Gnevor for the tIme penod November 20 2004 to August 2 2005 shall be deemed to be on a leave of absence wIthout pay 4 The Employer shall not be responsIble for any momes, benefits or penSIOn oblIgatIOns of any kInd for the tIme penod up to August 2, 2005 wIth respect to the Gnevor 5 The Gnevor shall not pursue any claim for overtIme compensatIOn whIch he raised for the tIme penod of October 1 2003 - December 31 2004 6 The Employer wIll receIve restItutIOn from the Gnevor In the total amount of $1250 00 ThIS money wIll be paid to the employer by vIrtue of a setoff of $100 00 on each of the Gnevor's paycheques upon hIS return to work. 7 The Gnevor wIll return to work begInmng August 2, 2005 at hIS former posItIOn of InstrumentatIOn SpecIalIst, under the dIrectIOn of Gord WillIams 3 8 In all other respects, the dIspute IS dIsmIssed. Dated at Toronto thIS 25th day of July 2005 ~~e,~i(L~.,_' -