HomeMy WebLinkAbout2020-0495.Hansman.2023-02-07 Decision
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
GSB# 2020-0495
UNION# 2020-0234-0036
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Hansman) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE Ian Anderson Arbitrator
FOR THE UNION Gregg Gray
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Hiona Murray
Treasury Board Secretariat
Employee Relations Advisor
HEARING February 6, 2023
- 2 -
Decision
[1] The Employer and the Union agreed to participate in the Expedited Mediation-
Arbitration process in accordance with the negotiated protocol. The majority of the
grievances are normally settled pursuant to that process. However, if a grievance
remains unresolved the protocol provides that an Arbitrator of the Board, based on
the evidence provided during the mediation session, will immediately decide the
grievance. The decision will be without reasons, without precedent and prejudice
and will be issued within fifteen working days of the mediation unless the parties
agree otherwise.
[2] The grievance alleges the Grievor was improperly considered not to have re-
qualified for STSP benefits, with the result that she was denied benefits. By
decision dated February 24, 2022 the grievance was allowed. The decision
provided that I would remain seized should the parties be unable to agree upon
the amount owing to the Grievor as a result. The parties were unable to agree
upon the amount owning. This hearing was convened to address that issue.
[3] The Grievor seeks $6008.00 in wages, $1500 in damages and 40 hours credited
to her vacation bank. The Employer resists these claims.
[4] Having considered the representations of the parties, I order the Employer to pay
the Grievor $4,508.92 as wages, subject to statutory deductions. The claims for
$1,500 in damages and 40 hours credited to her vacation bank are dismissed.
Dated at Toronto, Ontario this 7th day of February 2023.
“Ian Anderson”
Ian Anderson, Arbitrator