HomeMy WebLinkAbout2016-2017.Mahendrarajah.17-09-13 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2016-2017; 2016-2358
UNION# 2016-0551-0019; 2017-0551-0002
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Mahendrarajah) Union
- and -
The Crown in Right of Ontario
(Ministry of the Attorney General) Employer
BEFORE Ian Anderson Arbitrator
FOR THE UNION Alison Nielson-Jones
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Thomas Ayers
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING September 13, 2017
- 2 -
Decision
[1] These grievances are subject to Article 22.16. Such grievances are heard by a
single mediator/arbitrator who is to endeavour to assist the parties in settling the
matter. In the absence of a settlement the mediator/arbitrator is to determine the
matter in an expeditious and informal matter. The decisions are without
precedent or prejudice.
[2] As a result of discussions with the parties, Grievance No. 2017-0551-0002 was
withdrawn by the Grievor and the Union.
[3] The material facts in relation to Grievance No. 2016-0551-0019 are not in
dispute. The Grievor is a court clerk. He commenced his employment in the
Kitchener court. While based at the Kitchener court he was paid for mileage and
travel time. In or about 2013, the Grievor’s base became courts in the Toronto
region. He states he talked to a manager around that time and was told that
mileage and travel time were not paid in the Toronto region. In 2016 the Grievor
raised the issue again with a new manager. On November 29, 2016 he filed the
current grievance. The grievance was denied. Subsequent to the filing of the
grievance the Employer started to pay travel time and mileage in the Toronto
region in the circumstances giving rise to this grievance.
[4] The Grievor seeks compensation for unpaid mileage and travel time back to
2013.
[5] Attempts to resolve this matter through mediation were unsuccessful.
[6] The failure to pay for mileage and travel time is a breach of Articles 13 and 14
respectively of the collective agreement. Article 22.2 provides that a grievance is
to be filed “within thirty (30) days after the circumstances giving rise to the
complaint have occurred or have come or ought reasonably to have come to the
attention of the employee”. The circumstances giving rise to this grievance first
came to the attention of the Grievor in 2013. However, the Employer’s actions
constitute a continuing breach of the collective agreement. Accordingly, the
Grievor is entitled to be paid for any unpaid mileage and travel time in the thirty
(30) days prior to the date of the filing of the grievance and until the change in
practice in the Toronto region. The parties agree that as a result the Grievor is
entitled to be paid $177.24, less statutory deductions, for travel time and $100.88
for mileage.
Dated at Toronto, Ontario this 14th day of September 2017.
Ian Anderson, Arbitrator