GSB # 0357/89
OPSEU # 89C103
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Finucan)
Grievor
- and -
The Crown in Right of Ontario
(Ministry of Community and Social Services)
Employer
BEFORE Janice Johnston Vice Chair
FOR THE Tim Banasik
GRIEVOR Grievance Officer
Ontario Public Service Employees Union
FOR THE Larry Ferguson
EMPLOYER Employee Relations Advisor Ministry of Community and Social Services
B.D. Manship
Human Resources Advisor
Ministry of Community and Social Services
HEARING February 18, 2000
DECISION
Based on the agreement of the parties, the Board hereby directs the following:
I) That the Ministry is to review the payroll records of Dennis Finucan to determine if he qualifies for or has been paid the holiday pay to which he is entitled pursuant to the Corbin and Duckworth decisions.
ii) That the Ministry shall provide copies of any documents that demonstrate that Dennis Finucan either does not qualify for a payment or that he has been paid, to the union within eight weeks of the date of this decision.
iii) That if the Ministry is unable to demonstrate either that Mr. Finucan does not qualify, or that he has been paid, he shall be paid all moneys owed within ten weeks of the date of this award.
iv) That once the above-noted conditions have been met, the grievance shall be withdrawn.
In the event that the parties have any difficulties implementing this award I shall remain seized.
Dated in Toronto this 23rd day of February, 2000