HomeMy WebLinkAbout2022-8790.Union.24-04-30 Decision
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
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 J. 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 April 18, 2024
-2 -
Decision
[1] Under a decision issued on February 27, 2024, if there was no agreement on the
implementation timelines for retroactive adjustments (of an earlier decision under
which the National Day for Truth and Reconciliation was declared to be a paid
holiday in 2022 and each year thereafter), then the matter would be dealt with at
the hearing on April 18, 2024.
[2] There was no agreement on the timelines for implementation of retroactive
adjustments.
[3] The Union requests that the implementation of retroactive adjustments date be
July 1, 2024.
[4] The Employer has explained that it has reviewed the administrative tasks needed
to effect the implementation of retroactive adjustments and that, it can manage to
assign holiday Compensating Time Off (“CTO”) credits for all eligible employees
by August 31, 2024, and to pay the money due to eligible employees by
September 30, 2024.
[5] I am persuaded that the Employer’s proposal identifies the earliest dates by
which the implementation of the retroactive adjustments referred to in Paragraph
4 above can reasonably be accomplished.
[6] In the circumstances, I adopt the Employer’s proposal and direct that
implementation of these retroactive adjustments occur in accordance with
paragraph 4 above.
[7] The issue of the impact of the original decision on the accumulation of seniority
remains in dispute, including jurisdiction.
[8] The issue of additional retroactive adjustments, if any, also remains in dispute,
including jurisdiction.
-3 -
[9] The Registrar is requested to schedule this matter for a continuation date on July
26, 2024.
[10] I continue to remain seized of the implementation of this decision and of the
earlier decisions.
Dated at Toronto, Ontario this 30th day of April 2024.
“Christopher J. Albertyn”
Christopher J. Albertyn, Arbitrator