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HomeMy WebLinkAbout2004-3609.Union Grievance.05-03-07 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# 2004-3609 UNION# 2004-0999-0019 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) Union - and - The Crown In RIght of Ontano (Management Board Secretanat) Employer BEFORE FelIcIty D Bnggs Vice-Chair FOR THE UNION Andrew Lokan Pall are Roland Rosenberg RothensteIn LLP Barnsters and SOlICItorS FOR THE EMPLOYER F enna MurJ 1 Counsel Management Board Secretanat HEARING March 1 2005 2 DeCISIon On September 23 2004 the Umon filed a gnevance that stated The Umon gneves that the Employer IS In vIOlatIOn of ArtIcle 39 (Benefits/Insurance) by ItS faIlure to reImburse InsulIn pumps and supplIes At the heanng the Umon request, by way of remedy that the Employer be ordered to make whole any members detnmentally affected wIthout lImIt. After the conclusIOn of the Umon's opemng statement I held dIscussIOns wIth the partIes regardIng the prelImInary matters At that pOInt In the proceedIngs It was agreed by the partIes to adJourn and a further date wIll be scheduled at the earlIest opportumty It was further agreed that the Employer would advIse the Umon by March 22, 2005 of ItS IntentIOn, If any to raise a JunsdIctIOnal argument when we reconvene The Employer wIll also Inform the Umon If there are further partIculars It reqUIres The Employer has produced some InformatIOn to the Umon as the result of an earlIer request. NotwIthstandIng those good faith efforts to provIde the Umon wIth the requested documents, further InformatIOn IS needed. Therefore, I order the Employer to provIde the Umon wIth the folloWIng InformatIOn regardIng ManulIfe's practIce WIth respect to 1 Past coverage for InsulIn pumps and supplIes back to January 1 1999 wIth supportIng documentatIOn, 2 Cost of claims by year for covered dIabetIc supplIes (insulIn pumps and supplIes) back to January 1 1999 3 ConfirmatIOn that the cap In the 1992 dIrectIOn letter at Tab 2 of ExhIbIt #1 IS current and that there are no other relevant dIrectIOn letters If there are outstandIng matters pnor to our next day of heanng a teleconference can be arranged. 2005