Ontario Public Service Employees Union (McNally) v. The Crown in Right of Ontario (Ministry of Transportation), 2011 CanLII 23156

GSB#2005-3163

UNION#2005-0506-0014

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (McNally)

Union

• and -

The Crown in Right of Ontario (Ministry of Transportation)

Employer

BEFORE

Richard Brown

Vice-Chair

FOR THE UNION

Richard Blair Ryder Wright Blair & Holmes LLP Barristers and Solicitors

FOR THE EMPLOYER

Omar Shahab Ministry of Government Services Labour Practice Group Counsel

HEARING

March 1, 2011.

DECISION

1Whereas an issue arose regarding the interpretation and application of the settlement dated September 16, 2009, on consent of the parties and without precedent or prejudice in other matters between the parties, I order as follows:

1. The amount payable under the terms of the settlement dated September 16, 2009 is $10,139.73.

2. The Employer shall pay to Theresa McNally $10,139.73 less an amount which is attributable to recovery of WSIB benefits paid to the grievor in respect of a period or periods prior to November 5, 2009, which is $4339.90.

3. The amount of $4339.90 referred to in Paragraph 2 will be deducted from the amount of $10,139.73 referred to in paragraph 2 and represents full satisfaction of any overpayment relating to any period prior to November 5, 2009 existing as of the date of this Order.

4. Pursuant to the above, the Employer will pay to Ms. McNally the sum of $5799.83 less statutory deductions required by law within 60 days of this Order.