GSB #0820/92, 0881/92, 1070/92, 1287/95
OPSEU #93H047, 92B936, 92B949, 92D215, 95D428
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Mifsud, Sutherland, Velda, Winkler and Union Grievance)
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, Employee Relations Advisor
EMPLOYER Dianne Manship, Human Resources Advisor
Fred Loach, Co-ordinating Facility Manager
Ministry of Community and Social Services
HEARING October 12, 2000.
DECISION
The grievors in this case are claiming that they should have been converted to classified employees during their employment at the Oxford Regional Centre (the "centre"). The centre is now closed and all staff have been released. These grievances deal with events that took place between 1992 and 1995.
The parties have requested that I issue a decision as quickly as possible. Accordingly, after considering the submissions of the parties, I hereby declare and direct as follows:
i) That the Ministry is to pay to each of the grievors the sum of $9,000.00 as damages for pain and suffering;
ii) That upon receipts being provided, the Ministry will reimburse each of the grievors for up to $3,000.00 spent on tuition or course fees for educational/training courses taken within two years of the date of this award;
iii) That the grievors are to be permitted to apply for and have full access to restricted positions throughout the OPS for a period of two years from the date of this award;
iv) That the employer is to determine if the grievors are owed any legislated severance pay and if so, to pay the amount owed to each grievor by November 30, 2000.
In the event that the parties have any difficulties implementing this award, I shall remain seized.