IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Association of Management, Administrative and Professional Crown Employees of Ontario (Marques)

The Crown in Right of Ontario (Ontario Clean Water Agency)

Employer

BEFORE

Bram Herlich

Vice-Chair

FOR THE UNION

James K. McDonald Counsel, Sack, Goldblatt Mitchell Barristers and Solicitors

FOR THE EMPLOYER

Len Hatzis Counsel Management Board Secretariat

HEARING

July 19, 2005.

Having heard the submissions of the parties, and having considered the circumstances of this dispute, I hereby order:

A thirty day (30) suspension will be substituted for the termination of the Grievor from employment and the termination letter dated October 21, 2004 issued to the Grievor will be amended to reflect a thirty day suspension.
The Grievor will be reinstated to employment with the Employer, subject to the terms set out below.
The Grievor, for the time period November 20, 2004 to August 2, 2005, shall be deemed to be on a leave of absence without pay
The Employer shall not be responsible for any monies, benefits or pension obligations of any kind for the time period up to August 2, 2005 with respect to the Grievor.
The Grievor shall not pursue any claim for overtime compensation which he raised for the time period of October 1, 2003 – December 31, 2004.
The Employer will receive restitution from the Grievor in the total amount of $1250.00. This money will be paid to the employer by virtue of a setoff of $100.00 on each of the Grievor’s paycheques upon his return to work.
The Grievor will return to work beginning August 2, 2005, at his former position of Instrumentation Specialist, under the direction of Gord Williams.
In all other respects, the dispute is dismissed.

Dated at Toronto this 25^th day of July 2005