HomeMy WebLinkAbout2011-3602.McGillis.13-02-19 DecisionCrown 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#2011-3602
UNION#2011-0205-0033
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(McGillis) Union
- and -
The Crown in Right of Ontario
(Ministry of Labour) Employer
BEFORE Barry Stephens Vice-Chair
FOR THE UNION Alison Nielsen-Jones
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Felix Lau
Ministry of Government Services
Labour Practice Group
Counsel
HEARING December 20, 2012.
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Decision
[1] The grievance relates to the grievor’s claim for mileage for the use of his personal vehicle
to attend a meeting in Windsor on September 8, 2011. This decision is issued in accordance with
Article 22.16 of the collective agreement, and is without prejudice or precedent.
[2] The grievor advised his manager by email on August 16 of his intention to use his personal
vehicle to travel to Windsor. His intention was to travel to Windsor with his spouse, and, after
the meeting, the two of them were going to celebrate their anniversary in the United States.
[3] The grievor’s manager responded to grievor’s email as follows:
“Ken, for my clarification, the purpose for informing me you are driving your own
vehicle is because your wife will be with you.”
[4] The grievor was denied mileage for the trip to Windsor on the grounds that he failed to
secure advance permission to use his personal vehicle. The union argues that the grievor advised
his manager that he intended to use his personal vehicle, and the manager’s response amounted
to approval. The manager did not raise any concerns or stipulate that the grievor would not be
able to claim mileage. In addition, the employer had the ‘benefit’ of the grievor using his own
car, in that he did not advance the depreciation of the ministry vehicle he otherwise might have
used. The employer responds that the grievor was aware that specific approval was required to
use his personal vehicle, and he was not eligible for mileage.
[5] After reviewing the submissions of the parties and the collective agreement, it is my
conclusion that the grievance should be upheld. The employer is ordered to compensate the
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grievor for the use of his personal vehicle to attend the meeting in Windsor on September 8,
2011. I remain seized to deal with any issues arising from the implementation of this award.
Dated at Toronto this 19th day of February 2013.
Barry Stephens, Vice-Char