GSB# 2002-0575, 2002-1759, 2003-1638, 2003-2796, 2003-2797, 2003-2798, 2003-2799
UNION# 02U129, 2002-0999-0011 [02U143], 2002-0999-0039, 2003-0999-0003 [02U166], 2003-0999-0013, 2003-0999-0020
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 (Management Board Secretariat)
Employer
BEFORE
Gerry Lee
Vice-Chair
FOR THE UNION
Terry Baxter Supervisor/Negotiator, Collective Bargaining Ontario Public Service Employees Union
FOR THE EMPLOYER
Janis Bartley Coordinator, Union - Management Relations Management Board of Cabinet
HEARING
May 5, 13, 14, and 17, 2004.
AWARD
Following the last round of bargaining for the present collective agreement, a number of disputes arose with respect to various new provisions of the collective agreement. Given that there was a 54 day strike and negotiations to end strikes are usually conducted under pressure, this is understandable. Given the nature and the extent of these disputes, the parties agreed to a mediation/arbitration process to deal with these matters in an expeditious fashion. During the mediation process, the parties resolved a number of issues relating to Ontario Labour Relations Board applications and other matters through a separate Memorandum of Settlement. The parties further agreed to resolve a number of issues on consent and this agreement is outlined below. However, a number of issues remained outstanding and the parties agreed that I had jurisdiction to deal with these matters by issuing a decision without reasons.
The parties agreed to the following terms on consent.
Benefits
GSB # 2003-2797 and OPSEU # 2003-0999-0003; OPSEU #02U166 (Article 39.2.1, and Article 67.2.1)
Effective June 1, 2002, where a generic drug is purchased, reimbursement shall be based on the actual cost of the generic drug that is dispensed.
GSB #2003-2798 and OPSEU # 2003-0999-0013 (Article 39.2.6, and Article 67.2.6)
The services of a Master of Social Work are covered by the Insurance Plan if registered with the Ontario College of Social Workers and Social Service Workers. This will be effective from the first of the month following the date of this award and will apply to claims incurred after that date.
GSB #2003-2798 and OPSEU # 2003-0999-0013 (Article 39.2.7 and Article 67.2.7)
The term ‘institutions’ applies only to facilities among those defined in the Public Service Act and Youth Criminal Justice Act (BrooksideYouth Centre, Cecil Facer Youth Centre, Sprucedale Youth Centre, Bluewater Youth Centre, and Invictus Youth Centre) that are residential and operate 24 hours per day and 7 days per week. This provision takes effect June 1, 2004. Employees in institutions operated by the Provincial Schools Authority, who incurred costs between June 1, 2002 and May 31, 2004, are entitled to claim a retroactive payment provided that they submit their claims within 90 days from the date of this award.
GSB #2003-2798 and OPSEU # 2003-0999-0013 (Article 40.1.1, third paragraph and Article 68.1.1)
A ‘dependent child’ shall be defined as a person ‘12 and under’. In this regard, the Employer has provided the Union with a letter from the insurance carrier (Great West Life) confirming that the insurer has reviewed all claims to ensure that such claims have been paid in accordance with this definition since June 1, 2002.
GSB #2003-2798 and OPSEU # 2003-0999-0013 (Article 40.1.1, third paragraph and Article 68.1.1)
Polishing and scaling services that accompany a regular check up shall be subject to the 9 month interval as per the collective agreement. Periodontal services that are required by the dentist beyond the normal recall services shall not be subject to the 9 month interval.
GSB #2003-2798 and OPSEU # 2003-0999-0013 (Article 40.1.1, fourth paragraph and Article 68.1.1)
With respect to fluoride treatment, an ‘adult’ shall be defined as an employee, a dependent spouse or a child who no longer meets the definition of eligible dependent pursuant to Article 38.4.4 and Article 66.4.4. In this regard, the Employer has provided the Union with a letter from the insurance carrier (Great West Life) confirming that all claims have been paid in accordance with this definition since June 1, 2002.
GSB #2002-0575 and OPSEU # 02U129 (Article 39.6 and Article 67.6)
A benefits booklet shall be made available in electronic format for the Union and electronically for employees (e.g. intranet). Hard copies of the insured benefits text shall be made available for workplaces where employees do not have intranet access and for the Union. In this regard, the Employer will make every effort to finalize and post an electronic version within six weeks of receiving final comments from the Union. The Employer agrees to publish a booklet following the next round of collective bargaining in order to take into account any changes that may result.
After carefully reviewing the submissions of the parties with respect to the matters that remain outstanding, I hereby order as follows:
- GSB #1759/02 (Return to Work Protocol)
The Union is directed to comply with the provisions of section 9.0 of the Return to Work Protocol (Reprisals) signed by the parties on May 2, 2002. The Union shall cease and desist from engaging in any reprisal, act of discrimination or retaliation in the workplace for any act or inaction taken by any employee of the employer arising out of participation in the 2002 strike. These actions include, but are not limited to:
Sending employees letters of a threatening or intimidating nature,
Threatening to and taking employees to small claims court for unpaid fines related to the strike,
Posting in the workplace the names of employees who worked during the strike,
Issuing e-mails of a derogatory nature,
Distributing notices of Union meetings regarding strikebreakers by use of the employer’s e-mail.
With respect to the foregoing, the Union is directed to bring this order to the attention of its members who may have engaged in the above activities.
GSB# 2003-1638 and OPSEU#2002-0999-0011; OPSEU #02U143
(Calculation of pay rate)
These grievances are dismissed.
GSB #2003-2796 and OPSEU # 2002-0999-0039 (Chiropractic services); GSB #2003-2799 and OPSEU # 2003-0999-0020 (Out of country coverage); GSB #2003-2797 and OPSEU #2003-0999-0003 (Over the counter drugs)
These grievances are dismissed.
As requested by the parties, I shall remain seized of any issues arising from this award.
Dated at Toronto this 20th day of May, 2004.