HomeMy WebLinkAbout2016-2838.Smieja.19-04-30 Decision
Crown 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# 2016-2836; 2017-1094; 2017-1919; 2017-3587
UNION# 2017-0601-0004; 2017-0601-0007; 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
(The Ministry of Children, Community and Social Services) Employer
BEFORE Christopher Albertyn Arbitrator
FOR THE UNION Jane Letton
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Ferina Murji
Treasury Board Secretariat
Legal Services Branch
Senior Counsel
TELECONFERENCE April 29, 2019
- 2 -
Decision
[1] A previous decision was issued in this matter, on April 4, 2018.
[2] The April 4, 2018 decision directed that two issues would be addressed together:
1. The Grievor’s claim to receive 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. The
Employer seeks to be reimbursed what it paid the Grievor.
[3] I held a conference call with counsel for the parties on April 29, 2019. Union
counsel raised the Grievor’s objection to the inclusion of the Employer’s
counterclaim as part of consideration of his claim. Accordingly, the Union wishes
to argue that I do not have jurisdiction to consider the Employer’s counterclaim as
part of the consideration of the Grievor’s claim.
[4] Having heard counsels’ submissions, I issued the following directions:
1. The Union’s jurisdictional challenge will be addressed by written
submissions;
2. The Union will first submit its written argument;
3. The Employer will have an opportunity to respond in writing;
4. The Union may reply.
5. I will then issue a decision on the question of whether I have
jurisdiction to hear the Employer’s counterclaim with the Grievor’s
claim.
6. Counsel for the parties will decide upon the timetable for the
submissions. If they cannot agree, I will determine the timetable.
Dated at Toronto, Ontario this 30th day of April, 2019.
“Christopher Albertyn”
Christopher Albertyn, Arbitrator