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HomeMy WebLinkAbout2016-1542.Doyle.22-06-23 Decision GSB# 2016-1542 UNION# 2016-0534-0010 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Doyle) Union - and - The Crown in Right of Ontario (Ministry of Children, Community and Social Services) Employer BEFORE Reva Devins Arbitrator FOR THE UNION Ed Holmes Ryder Wright Blair & Holmes LLP Counsel FOR THE EMPLOYER George Parris Treasury Board Secretariat Legal Services Branch Counsel HEARING April 14, 2022 Crown 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 - 2 - Decision [1] On agreement, the current matter proceeded in accordance with Article 22.16 of the Collective Agreement, with brief reasons for decision. The parties provided a Will Say Statement of the Grievor’s evidence, the Ministry’s response, and accompanying documents. [2] The Grievor was employed at the Ministry of Community and Social Services when he was subject to a garnishee order requiring family responsibility payments to be taken from his pay and remitted to his former spouse. The parties agreed on the allowable amount that can be deducted under a garnishee order, however, the grievor alleged that the Employer improperly withheld more than the allowable amount. [3] The Employer provided records of the Grievor’s disposable earnings, the exempted amount, and the garnishment amount for the disputed pay periods. These records indicate that the amounts withheld by the Employer did not exceed the maximum allowable deduction permitted by law. The Union had no evidence to the contrary. [4] Based on this evidence, I have determined that the Employer correctly calculated the amount to be withheld and the remaining wages to be paid to the Grievor. The grievance is therefore dismissed. Dated at Toronto, Ontario this 23rd day of June 2022. “Reva Devins” Reva Devins, Arbitrator