Irit Kelman

The grievor, who suffered a workplace injury and was later converted to classified status, was denied Long Term Income Protection (LTIP) benefits because she was unclassified at the time of her injury.

She grieved the denial and the employer's failure to pay premiums.

The employer raised a preliminary objection that the Grievance Settlement Board lacked jurisdiction, arguing the collective agreement granted exclusive jurisdiction over benefit eligibility disputes to the Joint Insurance Benefits Review Committee (JIBRC).

The union argued the denial constituted discrimination based on handicap under the collective agreement and the Human Rights Code.

The Vice-Chair held that while JIBRC has exclusive jurisdiction over general benefit eligibility claims, the Board retains concurrent jurisdiction to hear allegations of discrimination in the denial of those benefits.

The grievor filed a two-part grievance alleging the employer failed to recognize his full wage for enhanced severance and improperly paid him as a driver while he performed youth worker/court liaison duties.

The first part was settled at stage two, with the employer agreeing to include the Custodial Allowance in the termination pay calculation.

The second part was deemed inarbitrable as it dealt with a matter of classification, a position the union did not contest.

The Vice-Chairperson found he lacked jurisdiction to hear the second part of the grievance.

The union filed a grievance on behalf of a correctional officer claiming that her underfill status should have been removed earlier, entitling her to be paid at the CO2 middle rate.

The employer raised a preliminary objection that the grievance was inarbitrable because it was in substance a classification grievance.

The Grievance Settlement Board upheld the employer's objection, finding that a claim for higher pay based on an alleged right to have underfill status removed is essentially a claim for reclassification.

Under the Sectoral Framework Agreement and section 51 of the Crown Employees Collective Bargaining Act, classification grievances are inarbitrable.

The grievance was dismissed.