HomeMy WebLinkAbout2016-1542.Doyle.22-06-23 Decision
GSB# 2016-1542
UNION# 2016-0534-0010
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Doyle) Union
- and -
The Crown in Right of Ontario
(Ministry of Children, Community and Social Services) Employer
BEFORE Reva Devins Arbitrator
FOR THE UNION Ed Holmes
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER George Parris
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING April 14, 2022
Crown
Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
- 2 -
Decision
[1] On agreement, the current matter proceeded in accordance with Article
22.16 of the Collective Agreement, with brief reasons for decision. The
parties provided a Will Say Statement of the Grievor’s evidence, the
Ministry’s response, and accompanying documents.
[2] The Grievor was employed at the Ministry of Community and Social
Services when he was subject to a garnishee order requiring family
responsibility payments to be taken from his pay and remitted to his former
spouse. The parties agreed on the allowable amount that can be deducted
under a garnishee order, however, the grievor alleged that the Employer
improperly withheld more than the allowable amount.
[3] The Employer provided records of the Grievor’s disposable earnings, the
exempted amount, and the garnishment amount for the disputed pay
periods. These records indicate that the amounts withheld by the Employer
did not exceed the maximum allowable deduction permitted by law. The
Union had no evidence to the contrary.
[4] Based on this evidence, I have determined that the Employer correctly
calculated the amount to be withheld and the remaining wages to be paid to
the Grievor. The grievance is therefore dismissed.
Dated at Toronto, Ontario this 23rd day of June 2022.
“Reva Devins”
Reva Devins, Arbitrator