GSB#2012-1931

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Association of Management, Administrative and Professional Crown Employees of Ontario (Egesi)

Association

• and -

The Crown in Right of Ontario (Ministry of Finance)

Employer

BEFORE

Bram Herlich

Vice-Chair

FOR THE UNION

James K. McDonald Sack Goldblatt Mitchell LLP Barristers and Solicitors Counsel

FOR THE EMPLOYER

Peter Dailleboust Ministry of Government Services Legal Services Branch Counsel

SUBMISSION

May 9, 2014

Decision

1In a decision dated December 12, 2013 in this matter, I allowed the dispute (in part) AMAPCEO had filed on behalf of the Complainant, challenging her discharge. I directed that the Complainant be reinstated to her former position without loss of seniority or benefits. A 20-day suspension was substituted for the discharge. In all other respects, the reinstatement I ordered was to be without compensation. I remained seized in the event the parties encountered any difficulty in the implementation of my award.

2By letter dated May 9, 2014, AMAPCEO counsel has advised that the parties have encountered an issue regarding the implementation of my award and asks, on behalf of the parties, that I provide answers to four enumerated questions. Counsel also advises that, unless I require further submissions, the parties are content to have me provide the answers to their questions. I am prepared to do so.

3The Complainant was discharged from her employment on June 13, 2012 and, as indicated, was reinstated pursuant to my award dated December 12, 2013. The questions the parties pose all relate to the period of some 18 months from the date of termination to the reinstatement. The period has been referred to (for purposes of convenience, if not pristine legal accuracy) as the "leave of absence".

4The questions, which I need not set out in detail here, relate to the quantification and application of continuous service for the purposes of vacation entitlement and accrual; entitlement to "Compensation Option Credit" or "COC" days and, finally, accrued service for pension purposes.

5Neither is it necessary for me to review the collective agreement provisions in any detail. It is sufficient to observe that the quantum of certain service based entitlements may be affected by prolonged absences from the workplace. In that regard, there is no dispute between the parties that an employee on an unpaid leave of absence under the collective agreement would not be entitled to any of the benefits or advantages that are the subject of the parties' questions.

6I can answer all of the parties' questions quite simply as follows: my award was not intended to and does not place the Complainant in a more favourable position than would be an employee on an extended leave of absence without pay under the collective agreement. In other words the answer to all of the parties' questions is NO.

7I should perhaps qualify and clarify this answer somewhat in relation to the last of the parties' questions (which relates to pension issues). Some portions of this last issue might be best addressed to the appropriate pension authority. However, even assuming it is thereby or otherwise determined that Ms. Egesi is entitled to accrue service for pension purposes during her period of absence, there is nothing in my award which would obligate the Employer to make any contribution to the Plan in respect of the period of absence in question.

8I trust the foregoing is adequately responsive to the parties' questions. I continue to remain seized in the event any further or other implementation difficulties are encountered.