Ontario Public Service Employees Union (Gonzales) v. The Crown in Right of Ontario (Ministry of Government Services), 2009 CanLII 59471

GSB#2008-3130, 2008-3131, 2008-3132, 2008-3134

UNION#2008-0555-0004, 2008-0555-0005, 2008-0555-0006, 2008-0555-0008

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Gonzales)

Union

• and -

The Crown in Right of Ontario (Ministry of Government Services)

Employer

BEFORE

Richard Jackson

Vice-Chair

FOR THE UNION

Don Martin Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Robert Gordica Ministry of Government Services Employee Relations Advisor

HEARING

September 9, 2009.

Decision (Consent Order)

1This order finalizes and confirms all decisions made to date with respect to the placement of individuals affected by the Expenditure Management Branch staffing reductions as provided for in the Memoranda of Agreements signed by the union and the employer on August 12, 2008, and September 23, 2008.

2Having heard the submissions of the parties, the grievances of Marilyn Gonzales, GSB 2008-3130, and Dawn Wickham, GSB 2008-3134, are dismissed.

3The following Memorandum of Settlement is incorporated as part of this Consent Order and fully and finally resolves the grievances of Mohammed Khalid, GSB 2008-3132, and Kayon Harris, 2008-3131.

4I will remain seized of the implementation of this settlement and the employer and union agree that I will hear any further grievances submitted in respect to the Branch reorganization.

Vice-Chair Jackson

Memorandum of Settlement

between OPSEU (the union) and The Crown in Right of Ontario (the employer)

Whereas the union filed grievances on behalf Mohammed Khalid, Kayon Hams, ,and

Whereas the parties wish to resolve the matter without litigation, precedent or prejudice to other matters which may arise between them,

The parties agree as follows:

1. The employer, purely as a goodwill gesture, expressly denying any wrongdoing or liability, agrees to pay each of the two grievors Mohammed Khalid and Kayon Hams, the sum of $500.00, less statutory deductions.

2. The union withdraws the grievances of Mohammed Khalid and Kayon Hams.

3. The Union agrees that it releases and forever discharges the Employer, its servants, agents, employees and directors of and from all actions, causes of action, claims and demands of every nature and kind arising out of or as a result of or in any way related to the facts giving rise to these grievances.

For the Union for the Employer date