HomeMy WebLinkAbout2004-3609.Union Grievance.05-03-07 Decision
Crown Employees Commission de ~~
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
~-,...
Suite 600 Bureau 600 Ontario
180 Dundas Sl. West 180 rue Dundas Ouest
Toronto Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 Tel. (416) 326-1388
Fax (416) 326-1396 Telec. (416) 326-1396
GSB# 2004-3609
UNION# 2004-0999-0019
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Umon Gnevance) Union
- and -
The Crown In RIght of Ontano
(Management Board Secretanat) Employer
BEFORE FelIcIty D Bnggs Vice-Chair
FOR THE UNION Andrew Lokan
Pall are Roland Rosenberg RothensteIn LLP
Barnsters and SOlICItorS
FOR THE EMPLOYER F enna MurJ 1
Counsel
Management Board Secretanat
HEARING March 1 2005
2
DeCISIon
On September 23 2004 the Umon filed a gnevance that stated
The Umon gneves that the Employer IS In vIOlatIOn of ArtIcle 39 (Benefits/Insurance) by
ItS faIlure to reImburse InsulIn pumps and supplIes
At the heanng the Umon request, by way of remedy that the Employer be ordered to make whole
any members detnmentally affected wIthout lImIt.
After the conclusIOn of the Umon's opemng statement I held dIscussIOns wIth the partIes
regardIng the prelImInary matters At that pOInt In the proceedIngs It was agreed by the partIes to
adJourn and a further date wIll be scheduled at the earlIest opportumty It was further agreed that
the Employer would advIse the Umon by March 22, 2005 of ItS IntentIOn, If any to raise a
JunsdIctIOnal argument when we reconvene The Employer wIll also Inform the Umon If there
are further partIculars It reqUIres
The Employer has produced some InformatIOn to the Umon as the result of an earlIer request.
NotwIthstandIng those good faith efforts to provIde the Umon wIth the requested documents,
further InformatIOn IS needed. Therefore, I order the Employer to provIde the Umon wIth the
folloWIng InformatIOn regardIng ManulIfe's practIce WIth respect to
1 Past coverage for InsulIn pumps and supplIes back to January 1 1999 wIth
supportIng documentatIOn,
2 Cost of claims by year for covered dIabetIc supplIes (insulIn pumps and supplIes)
back to January 1 1999
3 ConfirmatIOn that the cap In the 1992 dIrectIOn letter at Tab 2 of ExhIbIt #1 IS
current and that there are no other relevant dIrectIOn letters
If there are outstandIng matters pnor to our next day of heanng a teleconference can be arranged.
2005