GSB#2017-0787

UNION#2017-0719-0008

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Neniska)

Union

• and -

The Crown in Right of Ontario (Ministry of the Solicitor General)

Employer

BEFORE

Ken Petryshen

Arbitrator

FOR THE UNION

Ed Holmes Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Paul Meier Treasury Board Secretariat Counsel

HEARING

November 8, 2019

DECISION

1Mr. Neniska complains that the Employer breached a Memorandum of Settlement (“Memorandum”) executed by the parties on September 8, 2017. This complaint is being addressed pursuant to article 22.16 of the Collective Agreement.

2There is no doubt that a breach of the Memorandum has occurred. However, the parties were unable to agree on the appropriate remedy. Having considered the relevant circumstances, I am satisfied that this matter should be addressed in the following manner. The Employer is directed to ensure that its records reflect that Mr. Neniska resigned his employment effective June 21, 2017. Having regard to the nature of the breach, the Employer is directed to pay Mr. Neniska the sum of $500.00 as damages. This amount is to be paid within sixty days from the date of this decision.