GSB # 886/98

OPSEU # 98B440

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Kukulewich)

Grievor

• and -

The Crown in Right of Ontario (Ministry of Health)

Employer

BEFORE: Nimal Dissanayake, Vice Chair

FOR THE GRIEVOR: Richard Blair, Counsel, Ryder, Wright, Blair & Doyle, Barristers & Solicitors

FOR THE EMPLOYER: Len Hatzis, Counsel, Legal Services Branch, Management Board Secretariat

HEARING: February 4, 2000

DECISION

Mr. Bill Kukulewich filed a grievance dated July 15, 1998, claiming that he was unjustly disciplined by the employer by letter dated July 9, 1998. When this matter came up before me on February 4, 2000, the parties agreed to a mediation-arbitration process.

Following mediation, the parties were able to resolve the grievance by executing the following Minutes of Settlement.

Whereas the grievor received a letter of discipline and a suspension of two twelve hour shifts without pay by letter of July 9^th, 1998;

And whereas the grievor and union filed a grievance dated July 15, 1998, and whereas that grievance was processed to arbitration in accordance with the terms of the Collective Agreement between the Union and the Employer;

And whereas the parties have agreed to fully and finally settle the grievance and all matters between them giving rise to the grievance or arising therefrom;

Therefore, without prejudice or precedent or admission of liability, the parties agree as follows:

1. The letter of July 9, 1998 and the suspension are rescinded and removed from Mr. Kukulewich's employment file and/or any other file in the control of the Employer or its agents, wheresoever or howsoever kept. Removal shall take place forthwith, and all copies of the letter and suspension destroyed forthwith.

2. The Employer shall forthwith provide the grievor with full redress in the form of an amount equivalent to the amount the grievor would have been paid (two twelve-hour shifts) had he not been suspended. This amount shall be subject to the normal statutory deductions required by law.

3. In consideration for the above, the grievor and the union hereby withdraw the grievance dated July 15, 1998, noted above.

4. The parties agree that the terms of this settlement shall issue as an order of the Grievance Settlement Board and further that any allegation concerning an alleged breach of any part of this settlement may be referred to the Grievance Settlement Board for determination, and further that Vice Chair N. Dissanayake shall remain seized.

5. In recognition of all of the above, and for good and mutual consideration, the grievor agrees to fully and finally release the Employer and Union from any claims or liabilities or demands arising from the events giving rise to the letter of discipline or the grievance or the union's representation in respect thereof, not limited to but including any claims under the Labour Relations Act, the Crown Employees Collective Bargaining Act, the Employment Standards Act, or the Ontario Human Rights Code. Further the Employer agrees to release the grievor and the union from any claims against the union or the grievor arising from the events giving rise to the letter of discipline, the grievance or the union's representation in respect thereof. Further, the union agrees to release the grievor and the employer from any claims against the grievor or the employer arising from the events giving rise to the letter of discipline, the grievance, or the union's representation in respect thereof.

6. It is understood that the release in paragraph 5 above does not release the parties in respect of the letters of discipline and suspensions or non-renewal of contract concerning Bob Lewis and Mel Gimblett, or their grievances dated July 15, 1998 and August 9, 1998. It is further understood that the release does not release the parties from their obligations under this settlement or the enforcement thereof.

In accordance with paragraph 4 above, the terms of the foregoing Minutes of Settlement shall constitute an order of the Board, and I remain seized for the purposes contemplated in that paragraph.

Dated this 9^TH day of February 2000 at Hamilton, Ontario.