GSB#2014-3670, 2014-4553, 2015-0851
UNION#2014-0219-0002, 2015-0219-0001, 2015-0219-0004
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Hawkes)
Union
- and -
The Crown in Right of Ontario (Ministry of the Attorney General)
Employer
BEFORE
Gail Misra
Vice-Chair
FOR THE UNION
Nicole Mihajlovic Ontario Public Service Employees Union Grievance Officer
FOR THE EMPLOYER
Anna Press Treasury Board Secretariat Employee Relations Advisor
HEARING
October 2, 2015
Decision
1The parties referred this Grievance to mediation/arbitration in accordance with Article 22.16 of the collective agreement. At the outset of the proceeding the parties agreed that I had the jurisdiction to deal with this matter. They asked that I issue a decision without precedent or prejudice, and without written reasons.
2Ms. Valerie Hawkes, a Provincial Prosecutor in the Central West Region, filed three grievances dated September 8, 2014, January 5, 2015 and April 15, 2015, all of which allege breaches of Articles 2 and 12 of the collective agreement. The grievances generally allege that by denying her meal claims while she is travelling, the Employer is acting in a manner that is arbitrary, discriminatory and in bad faith. The grievances also claim a breach of the Travel, Meal and Hospitality Expenses Directive. By way of remedy, the Grievor is seeking to be made whole for her losses; she is also seeking damages; and wants the Employer to stop limiting meal benefits.
3Having reviewed the documents presented, and carefully considered the submissions of the parties, I am of the view that these grievances and this proceeding should be resolved by my issuing the following direction:
The meal claims that are the subject of the three grievances are remitted back to the Employer in order that they may be considered in accordance with the language of the collective agreement and the Travel, Meal and Hospitality Expenses Directive.
4I am not seized.
Dated at Toronto, Ontario this 8th day of October 2015.