HomeMy WebLinkAbout2022-8790.Union.23-11-30 DecisionCrown Employees Com
Grievance Settlement règlem
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Couron
Suite 600 Bureau
180 Dundas St. West 180, ru
Toronto, Ontario M5G 1Z8 Toront
Tel. (416) 326-1388 Tél. : (
mission de
ent des griefs
ployés de la
ne
600
Dundas Ouest
o (Ontario) M5G 1Z8
416) 326-1388
GSB# 2022-8790; 2022-8865; 2022-9833; 2022-10125
UNION# 2022-0999-0013; 2022-0999-0014;
2022-0999-0018; 2022-0999-0019
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Union)
Union
- and -
The Crown in Right of Ontario
(Treasury Board Secretariat)
Employer
BEFORE
Christopher Albertyn
Arbitrator
FOR THE UNION Jorge Hurtado
Morrison Watts
Counsel
FOR THE EMPLOYER Lisa Compagnone
Legal Services Branch
Senior Counsel
Maria-Kristina Ascenzi
Treasury Board Secretariat
Labour Practice Group
Counsel
HEARING November 29, 2023
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Decision
[1] A decision was issued in this matter on July 13, 2023. Under that decision an
order was made that the National Day for Truth and Reconciliation was a paid
holiday in 2022.
[2] Pursuant to that decision, the parties have engaged in discussions regarding its
implementation. Certain issues remain between them as to the method of
calculating retroactive entitlements for September 30, 2022; whether interest is
payable on that calculation, and how such interest is calculated; and the time
within which such payments will be made.
[3] Having heard the parties’ submissions on these issues, I issue the following
directions:
a. By December 15, 2023, the Employer will provide the Union with the
principles that will apply to the employees’ retroactive entitlements. In
addition, by that date, the Employer will inform the Union of the date of
prospective implementation of the increase from 4.6% to 5% for fixed term
holiday pay (under Article 31A.5 of the Parties’ Collective Agreements),
without prejudice to issues of the retroactive payment of this change.
b. By December 21, 2023, the Union will advise the Employer whether it
agrees to those principles. If it does not agree, it will explain in its
response what is in dispute, and why.
c. By January 12, 2024, the Employer will provide the Union with its
response on the Union’s claim for interest on the retroactive payments,
with details as to whether it will pay interest and, if so, by what method.
d. By January 19, 2024, the Union will advise the Employer whether it agrees
to the Employer’s proposal on the interest payment. If it does not agree, it
will explain in its response what is in dispute, and why.
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e. If there is agreement between the parties on the principles for employee’s
retroactive entitlements, and agreement on the payment of interest in the
Union’s responses on December 21, 2023 and January 19, 2024, then the
Employer will have until February 16, 2024 to advise the Union on its
proposed deadline(s) (which may include staggered deadlines) for the
retroactive implementation.
f. The hearing of this matter will occur on February 23, 2024 (“the next
hearing”). Notice thereof will be given by the Registrar.
g. If the parties are not in agreement on the principles for the employee’s
retroactive entitlements, or they are not in agreement on the payment of
interest, their dispute(s) will be dealt with at the next hearing. In that
event, having heard the parties’ submissions, an order will be made
determining those issues. Within 30 days of that order being made, the
Employer will advise the Union on its proposed deadline(s) (which may
include staggered deadlines) for the retroactive implementation. If there is
no agreement on the Employer’s proposal on implementation timelines, a
further hearing will be arranged to address that issue.
h. If the parties agree on the principles for the employee’s retroactive
entitlements and interest, but they are not in agreement as to the
Employer’s implementation timetable, the next hearing will address that
issue.
i. If the parties agree on the principles for the employee’s retroactive
entitlements and interest, and they agree on the proposed timeline(s) for
implementation, then they will advise the Registrar accordingly, and
request that the next hearing be cancelled.
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[4] I remain seized of these issues and of the implementation of the decision on July
13, 2023.
Dated at Toronto, Ontario this 30th day of November 2023.
“Christopher J. Albertyn”
Christopher J. Albertyn, Arbitrator