HomeMy WebLinkAbout1998-0518.Huff.02-02-06 Decision
~~~ o@~o EA1PLOYES DE LA COURONNE
_Wi iii~~~i~T DE L 'ONTARIO
COMMISSION DE
REGLEMENT
"IIIl__1I'" BOARD DES GRIEFS
Ontario
180 DUNDAS STREET WEST SUITE 600 TORONTO ON M5G 128 TELEPHONElTELEPHONE. (416) 326-1388
180 RUE DUNDAS OUEST BUREAU 600 TORONTO (ON) M5G 128 FACSIMILE/TELECOPIE. (416) 326-1396
GSB#0518/98
UNION#98B332
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Huff)
Grievor
-and-
The Crown in Right of Ontario
(Ministry of Finance)
Employer
BEFORE Daniel Harris Vice-Chair
FOR THE GRIEVOR Don Martin
Grievance Officer
Ontario Public Service Employees Union
FOR THE EMPLOYER Fateh Salim
Counsel
Legal Services Branch
Management Board Secretariat
HEARING January 24 2002
AWARD
1 ThIS gnevance mvolves a claim that the Mimstry IS responsIble for the payment of the
Gnevor's professIOnal dues to the SocIety of Management Accountants ofOntano
The Employer submItted that It was not oblIged to do so by the collectIve agreement,
nor was thIS sItuatIOn covered by ItS polIcy regardmg payment of such dues The
Umon dId not dIsagree wIth those submIssIOns Accordmgly the gnevance IS
dIsmIssed for the followmg reasons
2 The Gnevor was a Semor FIeld AudItor wIth the RetaIl Sales Tax Branch of the
Mimstry ofFmance He was also a CertIfied Management Accountant (Hereafter
"CMA")
3 The Employer reqUIres that applicants to the Gnevor's posItIOn hold a CMA
credentIal It does so as a convemence, m order to permIt It to assess the skIlls and
qualIficatIOns of applIcants for the posItIOn. However the Employer does not reqUIre
successful applIcants to mamtam membershIp m the SocIety nor does It reqUIre that a
successful applIcant mamtam her or hIS status as a CMA.
4 The Employer's "Travel Management and General Expenses" polIcy mcludes the
followmg
OTHERENWLOYEEEXPENSES
Membership Fees:
Payment of membership fees may be authorized when membership in an organization is
beneficial to the ministry or when required, under the provisions of collective
agreements.
Memberships are NOT considered a taxable benefit to employees when the lninistry is
the primary beneficiary of the membership This would be the case when the employee s
professional membership is necessary for the effective perfonnance of his/her duties.
5 Payment of CMA professIOnal dues IS not an entItlement under the collectIve
agreement. There IS also no legIslatIve reqUIrement that persons m the gnevor's
posItIOn mamtam theIr certIficatIOn. The Employer said that the payment of such dues
IS covered only by the polIcy set out above, whIch, on ItS face, leaves payment of
membershIp fees to the Employer's dIscretIOn.
6 There IS no eVIdence that thIS case IS an arbItrary or dIscnmmatory applIcatIOn of the
Employer's polIcy
7 The Umon IS m agreement WIth the foregomg submIssIOns of the Employer
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8 As there eXIsts no dIspute between the partIes to the collectIve agreement, bemg the
Umon and the Employer the Board has no JunsdIctIOn over thIS matter Accordmgly
the gnevance IS hereby dIsmIssed.
Dated at Toronto thIS 6th day of February 2002
'\
,.. ''I
Damel Hams, Vice-Chair
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