GSB# 2003-0576, 2003-0904
UNION#2003-0542-0005, 2003-0542-0006
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Kavanaugh)
Union
- and -
The Crown in Right of Ontario (Ministry of Community and Social Services)
Employer
BEFORE
Barry B. Fisher
Vice-Chair
FOR THE UNION
Ms. Caroline Jones Paliare Roland Rosenberg Rothenstein LLP Barristers and Solicitors
FOR THE EMPLOYER
Rosalyn Principe Counsel Management Board Secretariat
HEARING
April 26, 2005.
Award
The parties reached a settlement of these two matters as a result of a mediation held on September 21, 2004. As the settlement itself was confidential, I will not set out its terms in this Award.
The Union has brought this matter further before me under the provision in the Memorandum of Settlement whereby I retained jurisdiction to deal with any disputes arising from the implementation of this Award.
The Board orders as follows:
Effective April 27, 2005, the Grievor shall be placed on a paid leave of absence, without loss of benefits or seniority, until such time as the Employer complies with paragraph 1 of the Memorandum of Settlement.
The Employer shall advise the Grievor and the Union of the position in which he is being placed by means of a fax to the Union (c/o Mark Barclay) and by courier and by e-mail to the Grievor at the addresses provided to the Employer by the Grievor at the hearing.
The notice required in paragraph 2 of this Award shall be given on three (3) clear calendar days’ notice, not counting the day of service or the day that the Grievor is expected to attend at work.
If, during the period of time that the Grievor is on paid leave of absence pursuant to this Award, there is a strike or lockout, then the paid leave of absence will be suspended for the duration of the strike or lockout.
I continue to retain jurisdiction with respect to any dispute arising from the administration, implementation or enforcement of both the original Memorandum of Settlement and this Award.
Dated at Toronto, this 2nd day of May, 2005.