IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union

(Union Grievance)

The Crown in Right of Ontario

(Niagara Parks Commission)

Employer

BEFORE

Randi H. Abramsky

Vice-Chair

FOR THE UNION

Stephen Lavender

Barrister and Solicitor

FOR THE EMPLOYER

Carla Zabek

Barrister and Solicitor

CONFERENCE CALL

October 19, 2006.

Decision

Having heard and considered the submissions of counsel, I hereby make the following ruling:

The Employer will immediately apply the full terms and conditions of the collective agreement to those positions which have been agreed to be included subject to paragraphs 4 and 5.
The Employer will apply the benefit plan prescribed in the collective agreement.
Dues deductions and remission shall commence for the month of October and continue thereafter. The issue of back dues will be left to the hearing on the merits.
Seniority dates are to be calculated on the basis of the individuals’ service with the Employer, excluding any years served as a student employee.
The affected employees with the exception of the seasonal position of Seasonal Supervisor Butterfly (see below) will continue to be paid the same rate of pay they currently receive for the length of time they hold that position. They will also receive any pay increases which will result from the negotiations of the renewal collective agreement. As article 39.01 of the collective agreement will apply to the Seasonal Supervisor Butterfly (i.e. a benefit allowance of $1.20 per hour for all regular hours worked in lieu of benefits) her hourly rate will be reduced by $1.20.
The affected incumbents would transfer to the OPSEU Pension Trust as soon as Union dues begin being deducted.

Issued at Toronto this 20th day of October 2006.