HomeMy WebLinkAbout2015-3235.Smieja.18-04-04 DecisionCrown Employees Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB# 2015-3235; 2015-3236; 2016-2836; 2017-1094; 2017-1918; 2017-1919;
2017-3587
UNION# 2015-0290-0027; 2015-0290-0028; 2017-0601-0004; 2017-0601-0007; 2017-0601-
0010; 2017-0601-0011; 2018-0601-0002
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Smieja) Union
- and -
The Crown in Right of Ontario
(Ministry of Children and Youth Services) Employer
BEFORE
Christopher J. Albertyn
Arbitrator
FOR THE UNION
Jane Letton
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Ferina Murji
Treasury Board Secretariat
Legal Services Branch
HEARING March 28, 2018
-2-
DECISION
[1] This decision concerns the following grievances of Benedykt Smieja: GSB
Numbers: 2015-3235, 2015-3236, 2016-2836, 2017-1094, 2017-1918, 2017-
1919 and 2017-3587 (and the related OPSEU grievances numbers) (“the
grievances”).
[2] The parties and the Grievor signed Minutes of Settlement on August 20, 2015.
Those Minutes resolved any and all employment related matters to that date and
the Grievor released the Employer from any claim related to the circumstances
giving rise to the grievances that were resolved.
[3] I find that all issues arising from the grievances, but for what is described below,
are encompassed by the terms of the Minutes of Settlement and may not
proceed.
[4] The only issues that remain for determination are the following:
1) the Grievor’s claim for a declaration that he was entitled, under Article
41.2 of the collective agreement, to have received 65 days’ pay for the
waiting period until his WSIB payments were received; and
2) The Employer’s counterclaim that the Grievor was paid by the Employer
for a period when he was also receiving payments from WSIB, resulting in
him being double paid for the same period.
[5] The Union will provide written particulars, and produce all relevant documents to
the Employer with respect to the Grievor’s claim by May 31, 2018.
[6] The Employer will provide its written response to the Grievor’s claim and the
written particulars of its counterclaim, and produce all relevant documents to the
Union, by July 31, 2018.
[7] The Union will make any reply to the Employer’s response to the Grievor’s claim,
and provide its response to the Employer’s counterclaim by September 21, 2018.
-3-
[8] The Employer may reply to the Union’s response to the Employer’s counterclaim
by October 31, 2018.
[9] The parties will provide all those particulars, responses and replies to the Board
thereafter. The parties will try to agree on the further proceedings of the matter
(whether it can be determined on the basis of the written submissions or not).
Failing their agreement, I will decide whether the matter can be determined on
the written submissions, or whether a hearing is necessary.
[10] I am seized of the grievances.
Dated at Toronto, Ontario this 4th day of April, 2018.
“Christopher J. Albertyn”
___________________________
Christopher J. Albertyn, Arbitrator