GSB# 2015-1908

UNION# 2015-5112-0176

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Manna et al)

Union

• and -

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

BEFORE

Reva Devins

Arbitrator

FOR THE UNION

Ed Holmes Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Braden MacLean Treasury Board Secretariat Legal Services Branch Counsel

TELECONFERENCE

October 26, 2018

DECISION

1A group grievance was filed on April 12, 2015 and proceeded by expedited mediation/arbitration, pursuant to s. 22.16 of the Collective Agreement. In a decision issued on April 19, 2018, the Employer was ordered to “pay damages of $350 to every Grievor” who met certain conditions.

2An issue has now arisen with respect to the application of that decision. The parties are seeking clarity on whether damages should be paid to individuals who did not participate in the group grievance, but who otherwise satisfy the conditions for entitlement to damages. The parties have again agreed that this matter proceed under Article 22.16, including by decision that is without reasons and without prejudice or precedent.

3Having considered the submissions of the parties, I have concluded that the Board has already determined to whom damages should be paid. My original decision ordered the Employer to pay damages to Grievors who met the conditions set out in the award. Although I remained seized with respect to issues of interpretation, application or implementation, the question brought before me now is not one of mere clarification, but would require me to extend the remedy beyond the scope of the final decision. In that regard, the Board is functus officio and I have no authority to issue a further order that damages should be paid to individuals who were not part of the group grievance and, therefore, not Grievors.

4I will remain seized in the event that any further issues arise with respect to the interpretation, application or implementation of this or the earlier decision.