GSB#2016-2017; 2016-2358

UNION# 2016-0551-0019; 2017-0551-0002

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Mahendrarajah)

Union

• and -

The Crown in Right of Ontario (Ministry of the Attorney General)

Employer

BEFORE

Ian Anderson

Arbitrator

FOR THE UNION

Alison Nielsen-Jones Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Thomas Ayers Treasury Board Secretariat Legal Services Branch Counsel

HEARING

September 13, 2017

Decision

1These grievances are subject to Article 22.16. Such grievances are heard by a single mediator/arbitrator who is to endeavour to assist the parties in settling the matter. In the absence of a settlement the mediator/arbitrator is to determine the matter in an expeditious and informal matter. The decisions are without precedent or prejudice.

2As a result of discussions with the parties, Grievance No. 2017-0551-0002 was withdrawn by the Grievor and the Union.

3The material facts in relation to Grievance No. 2016-0551-0019 are not in dispute. The Grievor is a court clerk. He commenced his employment in the Kitchener court. While based at the Kitchener court he was paid for mileage and travel time. In or about 2013, the Grievor’s base became courts in the Toronto region. He states he talked to a manager around that time and was told that mileage and travel time were not paid in the Toronto region. In 2016 the Grievor raised the issue again with a new manager. On November 29, 2016 he filed the current grievance. The grievance was denied. Subsequent to the filing of the grievance the Employer started to pay travel time and mileage in the Toronto region in the circumstances giving rise to this grievance.

4The Grievor seeks compensation for unpaid mileage and travel time back to 2013.

5Attempts to resolve this matter through mediation were unsuccessful.

6The failure to pay for mileage and travel time is a breach of Articles 13 and 14 respectively of the collective agreement. Article 22.2 provides that a grievance is to be filed “within thirty (30) days after the circumstances giving rise to the complaint have occurred or have come or ought reasonably to have come to the attention of the employee”. The circumstances giving rise to this grievance first came to the attention of the Grievor in 2013. However, the Employer’s actions constitute a continuing breach of the collective agreement. Accordingly, the Grievor is entitled to be paid for any unpaid mileage and travel time in the thirty (30) days prior to the date of the filing of the grievance and until the change in practice in the Toronto region. The parties agree that as a result the Grievor is entitled to be paid $177.24, less statutory deductions, for travel time and $100.88 for mileage.