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2015 ESU CAPE MOU .pdf



Original filename: 2015 ESU CAPE - MOU.pdf
Author: HÓ G

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69
*APPENDIX E
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CAPE STAFF UNION (THE UNION)
AND
THE CANADIAN ASSOCIATION OF PROFESSIONAL EMPLOYEES (THE EMPLOYER)
RE.: MEMORANDUM OF UNDERSTANDING ON THE REPAYMENT OF TAXABLE
BENEFITS
1. The present Memorandum of Understanding (MOU) applies to all persons employed by
CAPE during the period from 2008 to 2013 affected by CAPE’s failure to provide
employees with tax information in respect of taxable benefit amounts (hereinafter, the
“affected individuals”).
2. The employer agrees to repay to the affected individuals, upon presentation of the
relevant documents, all eligible retroactive amounts, any interest associated thereto and, if
any, the penalties imposed by one or both levels of government. This includes any
additional amounts stemming from new notices of assessment on the amounts in question
for the years 2008 to 2013.
3. For the employees who participated in the collective voluntary disclosure, CAPE will
assume the amounts already paid by the affected individuals or by CAPE. Any amount
deducted at source, paid by cheque or paid directly by the employee to one or both levels
of government will be repaid to the affected individuals within thirty (30) days after the
signing of the collective agreement by the parties.
4. Employees who did not participate in the collective voluntary disclosure will have thirty
(30) days after the signing of the collective agreement by the parties to file their own
voluntary disclosure and provide proof thereof to CAPE, together with the relevant
documents in support of their request for repayment.

CAPE-ESU Collective Agreement

Expiry: April 30, 2019

5. Any amount already paid to employees for the purposes of the present dispute will be
deducted from any repayment that may be made. At no time will the present MOU allow for
the duplicate repayment of any amounts owing.
6. Any employee claiming a refund under the terms of this MOU must agree to provide the
necessary information pertaining to his or her claim, as well as the information disclosure
authorizations that may be required by the employer.
7. The union immediately agrees to withdraw any individual or collective grievances and to
withdraw any recourse related to this agreement, such as complaints, grievances, lawsuits
or other legal proceedings. The union further agrees to waive any similar recourse related
to circumstances, facts, actions, decisions, spoken or written words, or omissions
pertaining directly or indirectly to the object of this MOU.
8. The aim of the payment made by the employer is to terminate all present or future
remedies sought by the union or its members in this regard.
The parties hereby agree that:
1. This MOU is entered into without precedent or prejudice to the positions the parties
might take in other similar or identical situations, either in whole or in part.
2. This MOU constitutes a full, final, absolute and unconditional release in respect of all
sums, regardless of their nature, description or basis, that are or may be owed by CAPE, its
employees or designated representatives, whether personally or not, due to circumstances,
facts, actions, decisions, spoken or written words, or omissions pertaining to the object of
this MOU.
3. The sole purpose of the present MOU is to arrive at an agreement; consequently, it must
not in any way, shape or form be considered an admission of responsibility or liability on
the part of either of the parties or of anyone else that may concern either of the parties.
4. The terms and conditions of this MOU shall remain confidential between the parties and
shall not be disclosed in any way, except as required for the purposes of its
implementation. In such cases, the parties may refer to the MOU on the repayment of
taxable benefits, but without disclosing its contents.

71
5. The employer and the bargaining agent agree that any dispute related to the
implementation of the terms and conditions of this MOU will be submitted to a mediator
selected by the parties hereto.

CAPE-ESU Collective Agreement

Expiry: April 30, 2019


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