HomeMy WebLinkAbout1997-0070.UNION97_08_20
ONrARIO EMPLOYES DE LA COURONNE
CROWN EMPLOYEES DE L'ONTAAIO
_ _ GRIEVANCE COMMISSION DE
,
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 600, TORONTO ON M5G tZ8 TELEPHONE/TELEPHONE (416) 326-1388
180, RUE DUNDAS OUEST BUREAU 600, TORONTO (ON) M5G 1Z8 FACSIMILE/TELECOPIE (416) 326-139tJ
GSB # 70/97
OPSEU # 97A153
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OPSEU (Union Grievance)
Grievor
- and -
the Crown in Right of Ontario
(Management Board Secretariat)
Employer
BEFORE B B Fisher Vice-Chair
FOR THE G Leeb
UNION Grievance Officer
Ontario Public Service Employees Union
FOR THE D Chiro
EMPLOYER Coordinator, C A Negotiations
Management Board Secretariat
HEARING July 24, 1997
,
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This case involves a determination of certain aspects arising out of a
Memorandum of Settlement signed by the parties on March 20, 1997 entitled
"Memorandum of Settlement regarding Implementation and Application of GSB#188/88
Decision To Settlements involving Reclassifications"
Under paragraph 5 of that Memorandum, the parties agreed that a certain
number of classification cases were to have their interest recalculated in accordance
with the GSB decision in Massey 188/88, which overturned a long standing practice
whereby the Employer applied Hallowell or Jones formula of calculating interest on
retroactive wage awards in a certain manner
The parties were unable to agree as to whether or not certain cases were entitled
to a Massey recalculation and agreed that with respect to those disputed cases "the
Union may request the GSB to determine the eligibility of the cases listed in Schedule
"e" and "0" for application of Massey formula.
The cases fall into two categories In the first category, the Memorandum of
Settlement contains a specific reservation clause which read as follows "It is
understood the Employer will calculate the amount of interest without prejudice to the
rights of the parties to further litigate the calculation of interest in this matter" This
provision arose out of a meeting held between the parties in May 1993 whereby the
Union put the Employer on notice that they were disputing the way in which the
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Employer was calculating the interest owing From that date on, all the Memorandums
of Settlement contained the reservation clause
The other group consists of Memorandum of Settlements signed before the May
1993 notice by the Union to the Employer that do not contain a reservation clause
The first group of cases clearly are entitled to have the Massey formula applied
as the Union put the Employer on notice of its dispute at the time the agreement was
signed Therefore, the following cases are to have the Massey formula applied
1 Librarians
2 Education Officers
3 Monitering Site and Equipment Technician
4 Utility Plant Process and Compliance Technologist.
5 Emergency Health Services Investigator
6 Maintenance/Construction Inspector
7 Cartographic Technologist
8 Regional Administrator of Weighing Ops
9 Regional Special Services Officer
10 Transportation Enforcement Investigator
11 Utility Plan Electrician
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The second group are not entitled to the Massey formula, as the Employer was
not put on notice that their long standing practice of calculating interest in a certain
manner was being questioned or disputed Certainly, in labour, relations is a very
important virtue, especially when it comes to the implementation of a negotiated
settlement. It would be unfair and make no labour relations sense to now allow the
Union to go back to a time before they put the Employer on notice and complain that the
payments were deficient. Therefore, the following cases will not have their interest
calculations recalculated
1 Utility Plant Instrument Technician
2. Vocational Instruction Officer
3 Geocetic Control Analyst
4 Transportation Compliance Program Administrator
5 Gunsmith
6 Maintenance Operations Analyst
7 Vehicle Inspection Administrator
8 Contract Review Officer
In addition, the Workers' Compensation advises 1 and 2 case is not entitled to be
recalculated as in that case the parties agreed an all inclusive amount of $10,00000
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which included "the full amount of retroactive pay and interest due each employee for
the full period"
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Dated at Toronto this/Uday of , 1'997
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ry B Fisher