HomeMy WebLinkAbout2002-0575.Union Grievance.04-05-20 Decision
Crown Employees Commission de ~~
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
~-,...
Suite 600 Bureau 600 Ontario
180 Dundas Sl. West 180 rue Dundas Ouest
Toronto Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 Tel. (416) 326-1388
Fax (416) 326-1396 Telec. (416) 326-1396
GSB# 2002-0575 2002-1759 2003-1638 2003-2796 2003-2797 2003-2798 2003-2799
UNION# 02U129, 2002-0999-0011 [02UI43], 2002-0999-0039, 2003-0999-0003 [02UI66],
2003-0999-0013,2003-0999-0020
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Umon Gnevance) Grievor
- and -
The Crown In RIght of Ontano
(Management Board Secretanat) Employer
BEFORE Gerry Lee Vice-Chair
FOR THE UNION Terry Baxter
SupervIsor/NegotIator CollectIve BargaInIng
Ontano PublIc ServIce Employees Umon
FOR THE EMPLOYER Jams Bartley
CoordInator Umon - Management RelatIOns
Management Board of CabInet
HEARING May 5 13 14 and 17 2004
2
AWARD
FolloWIng the last round of bargaInIng for the present collectIve agreement, a number of dIsputes
arose wIth respect to vanous new provIsIOns of the collectIve agreement. GIven that there was a
54 day stnke and negotIatIOns to end stnkes are usually conducted under pressure thIS IS
understandable GIven the nature and the extent of these dIsputes, the partIes agreed to a
medIatIOn/arbItratIOn process to deal wIth these matters In an expedItIOus fashIOn. Dunng the
medIatIOn process, the partIes resolved a number of Issues relatIng to Ontano Labour RelatIOns
Board applIcatIOns and other matters through a separate Memorandum of Settlement. The partIes
further agreed to resolve a number of Issues on consent and thIS agreement IS outlIned below
However a number of Issues remaIned outstandIng and the partIes agreed that I had JunsdIctIOn
to deal wIth these matters by ISSUIng a decIsIOn wIthout reasons
The partIes agreed to the folloWIng terms on consent.
Benefits
GSB # 2003-2797 and OPSEU # 2003-0999-0003, OPSEU #02U166 (Article 39.2.1, and
Article 67.2.1)
EffectIve June 1 2002, where a genenc drug IS purchased, reImbursement shall be based
on the actual cost of the genenc drug that IS dIspensed.
GSB #2003-2798 and OPSEU # 2003-0999-0013 (Article 39.2.6, and Article 67.2.6)
The servIces of a Master of SocIal Work are covered by the Insurance Plan If regIstered
wIth the Ontano College of SocIal Workers and SocIal ServIce Workers ThIS wIll be
effectIve from the first of the month folloWIng the date of thIS award and wIll apply to
claims Incurred after that date
GSB #2003-2798 and OPSEU # 2003-0999-0013 (Article 39.2.7 and Article 67.2.7)
The term 'InstItutIOns' applIes only to facIlItIes among those defined In the Public Service
Act and Youth Criminal Justice Act (BrooksIdeYouth Centre, CecIl Facer Youth Centre,
Sprucedale Youth Centre, Bluewater Youth Centre, and InvIctus Youth Centre) that are
resIdentIal and operate 24 hours per day and 7 days per week. ThIS provIsIOn takes effect
June 1 2004 Employees In InstItutIOns operated by the ProvIncIal Schools Authonty
who Incurred costs between June 1 2002 and May 31 2004 are entItled to claim a
retroactIve payment provIded that they submIt theIr claims wIthIn 90 days from the date
of thIS award.
GSB #2003-2798 and OPSEU # 2003-0999-0013 (Article 40 1 1, third paragraph and Article
68.1 1)
A 'dependent chIld' shall be defined as a person' 12 and under' In thIS regard, the
Employer has provIded the Umon wIth a letter from the Insurance carner (Great West
LIfe) confirmIng that the Insurer has revIewed all claims to ensure that such claims have
been paid In accordance wIth thIS defimtIOn SInce June 1 2002
3
GSB #2003-2798 and OPSEU # 2003-0999-0013 (Article 40 1 1, third paragraph and Article
68.1 1)
PolIshIng and scalIng servIces that accompany a regular check up shall be subJect to the 9
month Interval as per the collectIve agreement. Penodontal servIces that are reqUIred by
the dentIst beyond the normal recall servIces shall not be subJect to the 9 month Interval
GSB #2003-2798 and OPSEU # 2003-0999-0013 (Article 40 1 1, fourth paragraph and
Article 68.11)
With respect to fluonde treatment, an 'adult' shall be defined as an employee, a
dependent spouse or a chIld who no longer meets the defimtIOn of elIgIble dependent
pursuant to ArtIcle 3844 and ArtIcle 66 4 4 In thIS regard, the Employer has provIded
the Umon wIth a letter from the Insurance carner (Great West LIfe) confirmIng that all
claims have been paid In accordance wIth thIS defimtIOn SInce June 1 2002
GSB #2002-0575 and OPSEU # 02U129 (Article 396 and Article 67.6)
A benefits booklet shall be made avaIlable In electromc format for the Umon and
electromcally for employees (e g. Intranet) Hard copIes of the Insured benefits text shall
be made avaIlable for workplaces where employees do not have Intranet access and for
the Umon. In thIS regard, the Employer wIll make every effort to finalIze and post an
electromc verSIOn wIthIn SIX weeks of reCeIVIng final comments from the Umon. The
Employer agrees to publIsh a booklet folloWIng the next round of collectIve bargaInIng In
order to take Into account any changes that may result.
After carefully reVIeWIng the submIssIOns of the partIes WIth respect to the matters that remaIn
outstandIng, I hereby order as follows
1 GSB #1759/02 (Return to Work Protocol)
The Umon IS dIrected to comply wIth the provIsIOns of sectIOn 9 0 of the Return to Work
Protocol (Repnsals) sIgned by the partIes on May 2, 2002 The Umon shall cease and
desIst from engagIng In any repnsal, act of dISCnmInatIOn or retalIatIOn In the workplace
for any act or InactIOn taken by any employee of the employer anSIng out of partIcIpatIOn
In the 2002 stnke These actIOns Include, but are not lImIted to
. SendIng employees letters of a threatemng or IntImIdatIng nature
. Threatemng to and takIng employees to small claims court for unpaid fines related to
the stnke,
. PostIng In the workplace the names of employees who worked dunng the stnke,
. ISSUIng e-maIls of a derogatory nature,
. DIstnbutIng notIces ofUmon meetIngs regardIng stnkebreakers by use of the
employer's e-maIl
4
With respect to the foregoIng, the Umon IS dIrected to bnng thIS order to the attentIOn of
ItS members who may have engaged In the above actIvItIes
GSB# 2003-1638 and OPSEU#2002-0999-0011, OPSEU #02U143
(Calculation of pay rate)
These gnevances are dIsmIssed.
GSB #2003-2796 and OPSEU # 2002-0999-0039 (Chiropractic services), GSB #2003-2799
and OPSEU # 2003-0999-0020 (Out of country coverage), GSB #2003-2797 and
OPSEU #2003-0999-0003 (Over the counter drugs)
These gnevances are dIsmIssed.
As requested by the partIes, I shall remaIn seIzed of any Issues ansIng from thIS award.
Dated at Toronto thIS 20th day of May 2004