GSB #0447/00, 1042/00
OPSEU#00U072, 00U130
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Union Grievance)
Grievor
- and -
The Crown in Right of Ontario
(Ministry of Community and Social Services)
Employer
BEFORE D.J.D. Leighton Vice Chair
FOR THE Richard Blair, Counsel
GRIEVOR Ryder, Wright, Blair & Doyle
Barristers and Solicitors
FOR THE Len Marvy, Senior Counsel
EMPLOYER John Smith, Senior Counsel
Legal Services Branch
Management Board Secretariat
HEARING February 27, 2001
Decision
Having carefully considered the submissions of the parties on February 27, 2001, I have decided that while the parties restricted the entitlements of employees exiting the OPS under section 5.2 of Appendix 18 to certain payments and the benefit of Article 20.15 and Article 20.19, this does not mean that an employee surplused under Section 5.2, if they return to the OPS, is not obligated to repay monies in accord with Articles 20.2.4 or 20.2.5.
Thus any person who was surplused according to Section 5.2 of Appendix 18, who subsequently secures a position within the OPS, is required to make payments in accord with Articles 20.2.4 or 20.2.5., whichever is applicable. Further the employee’s service date shall be calculated as required by Articles 20.2.4 and 20.2.5 as applicable.
Reasons to follow.
Dated at Toronto, this 5th day of March, 2001.