HomeMy WebLinkAbout2012-4547.Diruzza.15-01-27 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#2012-4547
UNION#2013-0234-0022
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Diruzza) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Felicity D. Briggs Vice-Chair
FOR THE UNION Jackie Crawford
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER James Cheng
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING January 14, 2015
- 2 -
Decision
[1] The Employer and the Union at the Maplehurst Correctional Centre agreed to participate
in the Expedited Mediation-Arbitration process in accordance with the negotiated
Protocol. Some of the grievances were settled through that process. However, a few
grievances remained unresolved and therefore require a decision from this Board. The
Protocol provides that decisions will be issued within a relatively short period of time
after the actual mediation sessions and will be without reasons. Further, the decision is to
be without prejudice and precedent.
[2] Aldo Diruzza filed a grievance that alleged the Employer and the Ontario Pension
Trustees are discriminating against him - “denying me the ability to retire at 80 points or
above without a penalty because of my age.” He also took issue with the fact that there
would be a “clawing back of my OPSEU pension at 65 years of age even if I decide to
take my CPP at 70”.
[3] The grievor noted that he was not able to retire when his age and length of service were
equal to 80 points because he had not yet reached the age of 60. This restriction he claims
is discrimination based on age. He was adamant that this treatment was contrary to the
Collective Agreement and the Ontario Human Rights Code.
[4] In response to this view, the Employer noted that the Code contains the following
provision:
Employee benefit and pension plans
25. (1) the right under section 5 to equal treatment with respect to
employment is infringed where employment is denied or made conditional
because a term or condition of employment requires enrolment in an
employee benefit, pension or superannuation plan or fund or a contract
group insurance between an insurer and an employer, that makes a
distinction, preference or exclusion on a prohibited ground of
discrimination. R.S.O. 1990 c. H.19 s.25 (1)
Same
(2.1) The right under Section 5 to equal treatment with respect to
employment without discrimination because of age is not infringed by an
employee benefit, pension, superannuation or group insurance plan or
fund that complies with the Employment Standards Act, 2000 and the
regulations thereunder. 2005, c.29 s. 1 (5)
[5] I agree with the Employer’s view that there is no violation of the Ontario Human Rights
Code or any other legislation because of the agreement made by the parties that there is
some age restriction considered regarding Factor 80 and pensions.
- 3 -
[6] Accordingly, the grievance is denied.
Dated at Toronto, Ontario this 27th day of January 2015.
Felicity D. Briggs, Vice-Chair