HomeMy WebLinkAboutKong Group 16-01-05
IN
THE
MATTER
OF
AN
ARBITRATION
UNDER
THE
ONTARIO
LABOUR
RELATIONS
ACT
BETWEEN:
MOUNT
SINAI
HOSPITAL
(“the
Employer”)
AND
ONTARIO
PUBLIC
SERVICE
EMPLOYEES
UNION
LOCAL
570
(“the
Union”)
KONG
GROUP
GRIEVANCE
RE
BENEFITS
2012-‐0570-‐0003
AWARD
ARBITRATOR:
BARRY
STEPHENS
FOR
THE
EMPLOYER:
EMPLOYER
COUNSEL:
SARAH
EVES,
Hicks
Morley
Hamilton
Stewart
Storie
FOR
THE
ASSOCIATION:
UNION
COUNSEL:
JOHN
BREWIN,
Ryder
Wright
Blair
&
Holmes
HEARING
HELD
IN
TORONTO
ON
DECEMBER
22,
2015
AWARD
[1] After
taking
submissions
from
the
parties
at
the
hearing
on
December
22,
2015,
I
decided
to
issue
the
following
orders
that
will
resolve
all
outstanding
issues
with
respect
to
this
grievance.
1. On or before January 31, 2016, the Hospital will pay the
Grievors listed below as follows:
(i) Anna Aquino - $450.00
(ii) Alan Cheng - $900.00
(iii) Hong Cheng - $450.00
(iv) Anselmo Fabros - $450.00
(v) Tong Kong - $900.00
(vi) Lillian Law - $850.00
(vii) Zhou Ming Lum - $450.00
(viii) Angelica Magalong - $1,200.00
(ix) Jonathon Modo - $450.00
(x) Xiaodong Qi - $450.00
(xi) Kala Selvadurai - $450.00
(xii) Editha Villena - $900.00
(xiii) June Serote - $3,300.00
2
2. By no later than January 31, 2016, the Grievor Kim
Chrisztopulos will submit satisfactory documentary
proof that her claim in the Group Grievance was denied
by Great West Life. If such proof is received by
January 31, 2016, the Grievor will be reimbursed for the
amount paid up to a maximum of $450.00, on or by
February 29, 2016.
3. By no later than January 31, 2016, the Grievors Ben
Centreno (September 11, 2012 claim), Ashmina
Damani (2012 claim), Krystyna Golen (2012 claim) will
submit satisfactory documentary proof that their
respective claims for orthotics were denied by Great
West Life, that the orthotics were prescribed by a
qualified medical practitioner, that the Grievors
purchased the prescribed orthotics, and the amounts
paid for the orthotics. If such proof is received by the
Hospital by January 31, 2016, the Grievors will be
reimbursed for the amount paid, up to a maximum of
$450.00 each, on or by February 29, 2016.
4. By no later than January 31, 2016, the Grievor Aurita
Naval will submit satisfactory documentary proof that
claims for orthotics dated October 18, 2012 were
denied by Great West Life, that the orthotics were
prescribed by a qualified medical practitioner, that the
prescribed orthotics were purchased by the Grievor,
and the amounts paid for the orthotics. If such proof is
received by the Hospital by January 31, 2016, the
Grievor will be reimbursed for the amount paid, up to a
maximum of $450.00 for each orthotics claim, less any
amounts already paid pursuant to coordination of
benefits under another plan, based on one pair each
3
per member and dependent annually, on or by
February 29, 2016.
5. This award constitutes a complete and final resolution
of all issues that were raised or should have been
raised in the Grievances and resolves all other
grievances or potential grievances existing to the
present date regarding claims for orthotics and
orthopaedic shoes by bargaining unit members against
Great West Life.
6. I shall remain seized with respect to any issues arising
out of the implementation of this award.
[2] Accordingly,
I
confirm
the
above
orders
and
I
remain
seized
to
deal
with
any
issues
arising
from
this
award.
_________________________________
Barry
Stephens
Arbitrator
January
5,
2016