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HomeMy WebLinkAbout2009-0358.Luty.09-07-21 Decision Commission de Commission de Crown Employeess Grievance Grievance règlement des griefs règlement des griefs Settlement Board Settlement Board des employés de la des employés de la Couronne Couronne Suite 600 Suite 600 Bureau 600 Bureau 600 180 Dundas St. West 180 Dundas St. West 180, rue Dundas Ouest 180, rue Dundas Ouest Toronto, Ontario M5G 1Z8 Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tel. (416) 326-1388 Tél. : (416) 326-1388 Tél. : (416) 326-1388 Fax (416) 326-1396 Fax (416) 326-1396 Téléc. : (416) 326-1396 Téléc. : (416) 326-1396 GSB#2009-0358 GSB#2009-0358 UNION#2009-0234-0040UNION#2009-0234-0040 IN THE MATTER OF AN ARBITRATION IN THE MATTER OF AN ARBITRATION UUnnddeerr THE CROWN EMPLOYEES COLLECTHE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT TIVE BARGAINING ACT BBeeffoorree THE GRIEVANCE SETTLEMENT BOARD THE GRIEVANCE SETTLEMENT BOARD BETWEENBETWEEN Ontario Public Service Employees Union èÏÔÎÏ (Luty) - and - The Crown in Right of Ontario (Community Safety and Correctional Services) Employer BEFORE Daniel Harris Vice-Chair FOR THE UNIONJennifer Fehr Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER George Parris Ministry of Government Services Counsel HEARING - 2 - DECISION [1] In accordance with the agreement of the parties, the Board orders, without prejudice or precedent, as follows: 1. The Union and the Grievor agree to withdraw the above noted grievance; 2. The Parties agree that this Memorandum of Settlement shall be made an Order of the Grievance Settlement Board; 3. The Parties agree that the letter dismissing the Grievor for cause effective March 20, 2009 shall be re-issued as a disciplinary suspension noting that the Grievor was on a disciplinary suspension without pay from August 5, 2008 to July 10, 2009; and July 10, 2009 to July 20, 2009 shall be treated as leave without pay; 4. The Parties agree that any future conduct on the part of the Grievor similar to that which gave rise to the disciplinary suspension shall result in the Grievor?s immediate dismissal for cause from the OPS. In such a circumstance, the Parties agree that the Grievor and the Union have waived any entitlement under the OPSEU Collective Agreement to grieve such disciplinary action; 5. The Employer agrees to reinstate the Grievor as per clause one (1) of this settlement and assign the Grievor to a six (6) month ¿xed-term contract (up to 40 hours a week) as a Correctional Officer 2 at the Toronto West Detention Centre effective Monday July 20, 2009. The Parties agree that the Grievor does not have any guaranteed rights and/or entitlements to further employment beyond the six (6) month contract being offered. With regards to any further employment opportunities beyond the six (6) month contract as per clause one (1) of this settlement, the Parties agree that the Grievor will be treated in the same manner as all other ¿xed-term employees where his rights and entitlement will stem from the OPSEU Collective Agreement and Government policies/directives; 6. The Parties agree that the Grievor will attend and participate in a WDHP-Interpersonal Skills Development course provided and paid by the Employer within thirty (30) days of the signing of this settlement or within a timeframe otherwise provide by the Employer. The training will be a minimum of one (1) day of coaching; 7. The Grievor acknowledges that by signing this Memorandum of Settlement, he understands it, and he signs it having been fully and fairly represented by a Union Representative; 8. The Parties agree and acknowledge that they have not made any verbal or other arrangements beyond what is contained in this settlement; - 3 - 9. This memorandum of settlement constitutes full and final settlement of any and all claims, complaints, grievances or actions whatsoever that the above Grievor has or may have against the Employer its representatives, employees and officials whether under a collective agreement, statute, regulation, policy, contact or at law as a result of or arising out of the Grievor?s employment by the Employer or the termination of that employment, including but not limited to the Employment Standards Act and the Human Rights Code. The Grievor hereby forever releases the Employer, its representatives, present employees, and officials from all such claims, complaints, grievances and actions; 10. The parties agree that Arbitrator Dan Harris will be seized to deal with any Issues regarding the implementation or interpretation of this agreement. st Dated at Toronto this 21 day of July 2009. Daniel Harris, Vice-Chair