GSB# 2003-0237
UNION# 2003-0517-0014
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Dunscombe)
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
May 17, 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 a “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, 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 in this case relates to Trevor Dunscombe. Mr. Dunscombe grieves that his merit pay increase was delayed for four months over the Christmas 2002 period. He alleges that, as a result of this delay, he incurred costs related to credit car carrying charges, as well as long distance and travel costs related to his efforts to get the matter resolved. The grievor also seeks interest in accordance with Article 22.18.1.
The employer responds that it does not routinely pay additional costs related to delays in wage increases, any more than it would attempt to recover such costs from an employee in the event of an overpayment. With respect to interest, the employer advises that it was prepared to pay the interest expense on July 23, 2003 but the grievor did not accept the offer.
After reviewing the submissions of the parties and the collective agreement, I order the employer to pay the grievor interest up to July 23, 2003, in accordance with the calculation under Article 22.18.1.
Dated at Toronto, this 23^rd^ day of May, 2006.