HomeMy WebLinkAbout1992-0297.Beaton.93-10-26 GRIEVANCE C,ONIMISSION DE .
[~ ~ SETTLEMENT REGLEMENT
BOARD DES GRIEFS
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297/92
IN THE M~TTER OF AN ARBITRATION
Under
THE' CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OPSEU (BeatOn)
Grievor
- and -
The Crown in Right of ontario
(Ministry of Correctional Services)
_ Employer
BEFORE A. Barrett Vice-C~airperson
E. Seymour Member
D. Montrose Member
FOR THE P. Chapman
GRIEVOR Counsel
Ryder, Whitaker, Wright & Chapman
Barristers & Solicitors
FOR THE D. Strang
EMPLOYER Counsel
Legal Services Branch
Management Board Secretariat
HEARING October 15, 1993
~- ~ DE C I S I ON
Upon the consent of the parties, .this Board makes the
following order:
1. The grievor, J.D. Beaton, has been employed at the
Ministry of Correctional Services, since 1966, in the
Maintenance Departments of various institutions. As a
result, .he receives the ~Custodial Responsibility
Allowance ("CRA") pursuant to Appendix A of the
Collective Agreement.
2. From approximately February, 1982 to March, 1984, the
grievor was on Long Term Income Protection ("LTIP").
3. DUring that period, the Employer made pension
contributions on behalf of the grievor to 'the Public
Service Pension Plan. In calculating the amount of these
contributions, the Employer used the grievor's annual
salary rate immediately before his disability was
incurred, not including the CRA.
4. On March 4, 1992, the grievor filed a grievance claiming
that the. salary rate used to determine the amount of
pension contribhtions made on his behalf While on LTIP
should have included the CRA.
5. The Employer determined, after communication with
ontario Pension Board, that the CRA should be included
in "the annual salary rate of the member immediately
before the disability was incurred" for the purpose of
calculating pension contributiOns to be made by the
Employer on behalf of a member on LTIP, pursuant to
Section 10(3') of Schedule 1 of the Public Service Pension
Act.
6. Subsequently, on February 18, 1993, the Ministry amended
its. policy in this regard and all Managers were advised
to include the CRA as detailed above.
7. .The Employer acknowledges that in applying Article 42.3
of ~the Collective Agreement, which requires that the
Employer "continue to make pension contributions...on
behalf of t~he-employee...whiie the emploYee receives or
is qualified to receive LTIP benefits .under the plan",
to an employee who is receiving the CRA at the time of
their~ disabilitY, they are required to include the CRA
in the annual salary .rate of the .employee in order to
calculate the amount of the pension contributions.
8. Should the pension entitlement of the grievor be
negatively affected by the failure of the Ministry to
include the CRA in his annual salary rate during the
period he was on LTIP, the Employer agrees to make
whatever adjustment is required in order to correct this
failure.
9. By consenting to this Order, the Employer does not waive
its right to object to the jurisdiction of this Board to
deal with matters relating to superannuation.
Dated at Toronto this 26th day of October,. 1993~,
A. Barrett, Vice-Chairperson
E. Seymour, Member
' ' D. MontroSe, Member