rown Employees

Grievance Settlement Board

Suite 600

180 Dundas St. West

Toronto, Ontario M5G 1Z8

Tel. (416) 326-1388

Fax (416) 326-1396

Commission de règlement des griefs

des employés de la Couronne

Bureau 600

180, rue Dundas Ouest

Toronto (Ontario) M5G 1Z8

Tél. : (416) 326-1388

Téléc. : (416) 326-1396

GSB# 2006-0316

UNION# 2006-0517-0009

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Pyper)

Union

• and -

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

BEFORE

Barry Stephens

Vice-Chair

FOR THE UNION

Scott Andrews Grievance Officer Ontario Public Service Employees Union

FOR THE EMPLOYER

Faith Crocker Staff Relations Officer Ministry of Community Safety and Correctional Services

HEARING

June 20, 2006.

Decision

The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not necessary to reproduce the entire Protocol here. Suffice it to say that the parties have agreed to an “True Mediation-Arbitration” process, wherein each provides the vice-chair with submissions, which include the facts and authorities each relies upon. The process adopted by the parties provides for a canvassing of the facts during the mediation phase, although the vice-chair has the discretion to request further information or documentation. Arbitration decisions are issued in accordance with Article 22.16 of the collective agreement, without reasons, and are without prejudice or precedent.

The grievance relates to a claim by the grievor that her retroactive pay was delayed from September to December. The grievor alleges the delay caused a financial loss of approximately $60, resulting from a returned cheque and interest costs incurred. The union asserts that the unusual delay requires the grievor be compensated for the loss.

The employer responds that the grievor’s “retro” cheque was delayed in part by the fact that the grievor ran out of credits while on sick leave, and was off payroll for a period of time. In addition, the first cheque issued for her retroactive pay was written for the wrong amount.

After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the grievance should be upheld in part. The employer is ordered to pay the grievor the sum of $30.00.

Dated at Toronto, this 25^th day of July, 2006.