HomeMy WebLinkAbout2018-3796.Pelham.20-03-16 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# 2018-3796
UNION# 2019-0340-0002
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Pelham) Union
- and -
The Crown in Right of Ontario
(Ministry of Finance) Employer
BEFORE Brian McLean Arbitrator
FOR THE UNION Jesse Gutman
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Debra Kyle
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING September 13, 2019
- 2 -
Decision
[1] The parties resolved this grievance by a Memorandum of Settlement dated
September 13, 2019. Under the agreement I was to remain seized with the
interpretation, implementation and enforcement of the Memorandum of
Settlement. I write this decision pursuant to that authority.
[2] Under the settlement the Grievor was to repay the Employer $6,314.64 after the
Employer had paid the Grievor $22,000. In this regard, paragraphs one and two
of the Memorandum of Settlement state:
1. The Employer agrees to pay to the Grievor $22,000 in general
damages, without deductions (the “Payment”). The Employer agrees to
make best efforts to make the payment within sixty (60) days of signing
the Memorandum of Settlement (“MOS”).
2. Within seven (7) days of receipt of the Payment, the Grievor agrees to
re-pay the amount of $6,314.64 owed to the Employer in accordance with
the letters previously sent to the Grievor (the “Repayment”).
[3] In addition, under the Memorandum of Settlement, the parties agreed to do
various other things. There is no dispute that the Employer has done all that it
was required to do under the Memorandum of Settlement including making the
payment required by paragraph 1 of the Memorandum. There is also no dispute
that the Grievor has not made the payment to the Employer required by
paragraph two of the Memorandum of Settlement. Accordingly, the Employer
seeks an Order that the Grievor comply with the Memorandum of Settlement.
The Union advises that it has not been able to contact the Grievor and does not
oppose the Employer’s request.
[4] In these circumstances I find that the Grievor has breached the Memorandum of
Settlement dated September 13, 2019. I Order the Grievor, Ms. Claire Pelham,
to, within 30 days of the date of this decision, pay the Employer the amount of
$6,314.64. I note that if the Grievor fails to comply with this Order the Employer
may enforce the Order through the Courts.
[5] I remain seized.
Dated at Toronto, Ontario this 16th day of March, 2020.
“Brian McLean”
Brian McLean, Arbitrator