GSB#0518/98

UNION#98B332

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union

(Huff)

Grievor

-and-

The Crown in Right of Ontario (Ministry of Finance)

Employer

BEFORE Daniel Harris Vice-Chair

FOR THE GRIEVOR Don Martin Grievance Officer Ontario Public Service Employees Union

FOR THE EMPLOYER Fateh Salim Counsel Legal Services Branch Management Board Secretariat

HEARING January 24, 2002.

AWARD

1. This grievance involves a claim that the Ministry is responsible for the payment of the Grievor’s professional dues to the Society of Management Accountants of Ontario. The Employer submitted that it was not obliged to do so by the collective agreement, nor was this situation covered by its policy regarding payment of such dues. The Union did not disagree with those submissions. Accordingly, the grievance is dismissed for the following reasons.

2. The Grievor was a Senior Field Auditor with the Retail Sales Tax Branch of the Ministry of Finance. He was also a Certified Management Accountant (Hereafter “CMA”).

3. The Employer requires that applicants to the Grievor’s position hold a CMA credential. It does so as a convenience, in order to permit it to assess the skills and qualifications of applicants for the position. However, the Employer does not require successful applicants to maintain membership in the Society, nor does it require that a successful applicant maintain her or his status as a CMA.

4. The Employer’s “Travel Management and General Expenses” policy includes the following

OTHER EMPLOYEE EXPENSES

Membership Fees:

Payment of membership fees may be authorized when membership in an organization is beneficial to the ministry, or when required, under the provisions of collective agreements.

Memberships are NOT considered a taxable benefit to employees when the ministry is the primary beneficiary of the membership. This would be the case when the employee’s professional membership is necessary for the effective performance of his/her duties.

5. Payment of CMA professional dues is not an entitlement under the collective agreement. There is also no legislative requirement that persons in the grievor’s position maintain their certification. The Employer said that the payment of such dues is covered only by the policy set out above, which, on its face, leaves payment of membership fees to the Employer’s discretion.

6. There is no evidence that this case is an arbitrary or discriminatory application of the Employer’s policy.

7. The Union is in agreement with the foregoing submissions of the Employer.

8. As there exists no dispute between the parties to the collective agreement, being the Union and the Employer, the Board has no jurisdiction over this matter. Accordingly, the grievance is hereby dismissed.

Dated at Toronto, this 6^th day of February, 2002.