GSB# 2004-3609
UNION# 2004-0999-0019
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)
Union
- and -
The Crown in Right of Ontario (Management Board Secretariat)
Employer
BEFORE
Felicity D. Briggs
Vice-Chair
FOR THE UNION
Andrew Lokan Paliare Roland Rosenberg Rothenstein LLP Barristers and Solicitors
FOR THE EMPLOYER
Ferina Murji Counsel Management Board Secretariat
HEARING
March 1, 2005.
Decision
On September 23, 2004, the Union filed a grievance that stated:
The Union grieves that the Employer is in violation of Article 39 (Benefits/Insurance) by its failure to reimburse insulin pumps and supplies.
At the hearing the Union request, by way of remedy that the Employer be ordered to make whole any members detrimentally affected without limit.
After the conclusion of the Union’s opening statement I held discussions with the parties regarding the preliminary matters. At that point in the proceedings it was agreed by the parties to adjourn and a further date will be scheduled at the earliest opportunity. It was further agreed that the Employer would advise the Union by March 22, 2005 of its intention, if any, to raise a jurisdictional argument when we reconvene. The Employer will also inform the Union if there are further particulars it requires.
The Employer has produced some information to the Union as the result of an earlier request. Notwithstanding those good faith efforts to provide the Union with the requested documents, further information is needed. Therefore, I order the Employer to provide the Union with the following information regarding Manulife’s practice with respect to:
Past coverage for insulin pumps and supplies back to January 1, 1999, with supporting documentation;
Cost of claims by year for covered diabetic supplies (insulin pumps and supplies) back to January 1, 1999;
Confirmation that the cap in the 1992 direction letter at Tab 2 of Exhibit #1 is current and that there are no other relevant direction letters.
If there are outstanding matters prior to our next day of hearing a teleconference can be arranged.
Dated in Toronto this 7th day of March, 2005.