GSB#2010-2127

UNION#2010-0551-0010

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Martin)

Union

• and -

The Crown in Right of Ontario (Ministry of Children and Youth Services)

Employer

BEFORE

Daniel Harris

Vice-Chair

FOR THE UNION

Jackie Crawford Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Nicholas Sapp Ministry of Government Services Centre for Employee Relations Employee Relations Advisor

HEARING

June 6, 2011.

Decision

1This matter came on for a mediation-arbitration hearing on June 6, 2011. It involves an alleged overpayment made by the employer to the grievor for periods of time she was receiving short-term disability benefits. For a different period her benefits had expired. The employer says it erroneously continued her full salary throughout those periods. The grievor has subsequently been granted long-term disability benefits for part of those periods.

2To date, the employer has failed to provide a proper accounting for the alleged overpayments.

3Having heard the submissions of the parties, I order that the employer provide the following:

Particulars of the alleged overpayment including the total said to be owing and a detailed accounting of how the amount has been calculated;

Copies of the original Workforce Information Network records pertaining to the grievor for 2008 through 2011 inclusive;

Copies of pay records for the grievor with an accounting of vacation credits, sick credits, pension and benefits deductions for the period 2008 through 2011 inclusive;

Confirmation of the grievor’s continuous service date;

Any and all correspondence between the employer and its human resources department and/or Ontario Shared Services regarding the grievor’s absences from work, return to work and periods of accommodation for 2008 through 2011 inclusive;

Any other arguably relevant documents for the period 2008 through 2011 inclusive.

4It is also ordered that the employer not withhold any monies from payments to the grievor in respect of the alleged overpayment unless the amount is agreed by the parties or determined by the Board.