HomeMy WebLinkAbout2019-1352.Lee.22-01-28 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
GSB# 2020-0773
UNION# 2020-0671-0005
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Lee) Union
- and -
The Crown in Right of Ontario
(Ministry of Northern Development, Mines, Natural Resources and
Forestry) Employer
BEFORE Sheri Price Arbitrator
FOR THE UNION
Dan Hales
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Braden MacLean
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING January 27, 2022 (by video conference)
-2-
DECISION
[1] This grievance proceeded to hearing before me pursuant to article 22.16 of the
collective agreement.
[2] The grievance claims that the Employer violated the collective agreement by failing
to make pension and benefit contributions for the grievor in respect of an approved
leave of absence from February 19, 2019 to May 18, 2020. By way of remedy, the
Union requests that the grievor be “made whole” in respect of lost pension
contributions and benefits.
[3] Having heard the submissions of both parties, I find it appropriate to order the
Employer to take the necessary steps to make the grievor whole in respect of
pension contributions from February 2019 to May 2020, inclusive. For the sake of
clarity, the Employer is required to take the necessary steps to ensure that, with
respect to the grievor’s pension, the grievor is put in the same position she would
have been in as if she had been at work throughout the period from February 2019
to May 2020, whether done by the Employer directly or by providing the grievor
with the necessary funds to allow her to buy back the missing pensionable service.
The grievor is hereby directed to co-operate with the Employer and the Union in
this regard.
[4] In addition, the Employer is required to reimburse the grievor for eligible benefit
expenses incurred by her in respect of the period that she was off work from
February 2019 to May 2020, upon the provision of receipts to the Employer by the
grievor within 60 days of the date of this award.
[5] As requested, I remain seized with respect to the implementation of this award.
[6] Pursuant to article 22.16(7), this award has no precedential value.
Dated at Toronto, Ontario this 28th day of January 2022.
“Sheri Price”
_________________
Sheri Price, Arbitrator