GSB# 2004-3129

UNION# 2004-0453-0013

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Savage et al.)

Union

• and -

The Crown in Right of Ontario (St. Lawrence Parks Commission)

Employer

BEFORE

Deborah J. D. Leighton

Vice-Chair

FOR THE UNION

Tim Hannigan Ryder Wright Blair & Holmes LLP Barristers and Solicitors

FOR THE EMPLOYER

George Parris Counsel Ministry of Government Services

HEARING

June 7, 2006.

Decision

The memorandum of agreement attached to this decision as Appendix A is hereby made an order of the Board.

Dated at Toronto this 7^th day of June 2006.

Appendix A

GSB #2004-3129

Union #2004-0453-0013

MEMORANDUM OF AGREEMENT

BETWEEN:

ONTARIO PUBLIC SERVICE EMPLOYEES UNION

"UNION"

and

THE CROWN IN RIGHT OF ONTARIO

(ST. LAWRENCE PARKS COMMISSION)

"EMPLOYER”

WHEREAS the Grievance Settlement Board issued a decision dated August 1 51h 2005 with respect to OPSEU (Savage et al.) and the Crown in Right of Ontario (St. Lawrence Parks Commission), GSB #2004-3 129, OPSEU #2004-453-0013;

AND WHEREAS subsequent to the issuance of the above noted decision the parties became aware of relevant information which was not put before Vice-Chair Leighton;

THE PARTIES AGREE WITH PRECEDENT as follows:

1. The Holiday provisions contained in section 58 of Regulation 977 of the Public Service Act, as referenced in the above noted decision, do not apply to part-time employees covered by the Crown Employees Collective Bargaining Act;
2. No part of the decision of the Grievance Settlement Board dated August 1 51h 2005 shall be relied upon by either party as setting any precedent with respect to any findings of fact or law contained therein in any other matter or proceeding;
3. On an ex gratia basis, no employee in receipt of Holiday pay in accordance with the above noted decision prior to the date of this Agreement shall be required to repay monies received;
4. This Agreement shall become an order of the Grievance Settlement Board;
5. Vice-Chair Leighton shall remain seized of any issues relating to interpreting or implementing this agreement.

DATED in TORONTO this 7^th day of June 2006.

Tim Hannigan Pierre Pinot Peter S. Jenkins

UNION EMPLOYER