HomeMy WebLinkAbout1999-1799.Addae et al.01-06-26 Decision
~~~ o@~o EA1PLOYES DE LA COURONNE
_QJ_L i~~i~~~i~T DE L "ONTARIO
COMMISSION DE
REGLEMENT
"IIIl__1I'" BOARD DES GRIEFS
Ontario
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GS8#1799/99
UNION# 008045, 008046, 008047, 008048, 008049, 008050,
008051,008052,008053,008054,008055,008056,008057
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Addae et al)
Grievor
-and-
The Crown In Right of Ontario
(Ministry of Finance)
Employer
BEFORE 8arry 8 Fisher Vice-Chair
FOR THE GRIEVOR Don Martin
Grievance Officer
Ontario Public Service Employees Union
FOR THE EMPLOYER Helen Ecker
Labour Relations Consultant
Ministry of Finance
HEARING April 24, 2001 and April 25, 2001
Interim Award
ThIs Intenm Award wIll deal wIth a prelunmary ObjectIOn made by
the Mimstry that the gnevances of two of the gnevors, Mr KlonowskI and
Ms Wathen, should be excluded from tlllS Group Gnevance as they have
settled the same Issue m subsequent Mmutes of Settlement
The relevant facts, m chronologIcal sequence, are as follows
1 On August 16, 1999 the MmIstry mtroduced a change m travel polIcy
for FSO's and FCO's m the North York RegIOnal Tax office
2 On September 16, 1999 Mr KlonowskI and Ms Wathen filed
IdentIcal gnevances, whIch stated, " I gneve that the Employer has
VIOlated the CollectIve Agreement for changmg past practIce and
establIslllng a dIscnmmatory new method of travel payment practIces
Settlement DesIred Full dIsclosure requested wIth full redress"
3 In or about the same tune ten other gnevors filed IdentIcal gnevances
4 The 12 gnevances have collectIvely been filed wIth the GSB as a
Group Gnevance under the name of Addae et ai, beanng GSB #
1799/99 Mr KlonowskI's gnevance bore the OPSEU file number
00B048 and Ms Wathen's was # 00B052
5 On May 17, 2000 Mr KlonowskI and Ms Wathen submItted
mdIvIdual gnevances that stated. " I gneve that the Mimstry has a
dIscnmmatory practIce of tune credIts willie travelIng polIcy
Settlement DesIred. Full redress Full dIsclosure" These were OPSEU
file numbers 00B399 and 00B400 and GSB # 1242/00 and 1243/00
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6 On March 15, 2001, there were Mmutes of Settlement sIgned by the
MmIstry and OPSEU In whIch eIght gnevances of Mr KlonowskI and
Ms Wathen were settled. Part of the settlement mcluded a payment of
money to both gnevors for " reImbursement of expenses" These
Mmutes of Settlement lIsted all the gnevances covered by the
settlement ThIs lIst Included the later gnevances set out m paragraph
5 of thIS Award (the May 17,2000 gnevances) but dId not refer to the
earlIer Group Gnevance, dated September 16, 1999
The Mimstry pleads that m effect the gnevors are tryIng to lItIgate m thIS
Group Gnevance what they have already settled m theIr mdIvIdual
gnevances and that tlllS should not be allowed eIther under the doctnne of
res JudIcata or of respectmg settlements
All the cases cIted by the employer m theIr bnef CIte the fact that after a
matter IS settled a gnevor cannot file a subsequent gnevance on the same
Issue as tlllS would constItute an attempt to reVIve the settled gnevance In
the case before me the outstandmg gnevance was filed before the settled
gnevance, therefore those cases are of lIttle assIstance to me
The partIes set out specIfically In the Minutes of Settlement those
gnevances that were covered. They dId not set out tlllS Group Gnevance as
one of the gnevances that was bemg settled. They eIther knew of or should
have known of the eXIstence of the gnevors' mvolvement In the Group
Gnevance and therefore It would be unfair to completely exclude them from
the Group Gnevance on the basIs of the Mmutes of Settlement
On the other hand, If It comes tune to faslllon a remedy on the Group
Gnevance (whIch of course wIll not be done unless the Issue of lIabIlIty IS
detennmed In favour of the Umon), It must be clear that to the degree that
there IS any overlap between the two sets of gnevances, that Mr KlonowskI
and Ms Wathen should not be overcompensated for any loss already
covered by the filmg and the settlement of the May 17, 2000 gnevances
3
The prelllnmary ObjectIOn of the MmIstry IS dIsmIssed.
Dated at Toronto, thIS 26th day of June, 2001
Barry B FIsher, VIce-Chair
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