GSB#2016-1117

UNION# 2016-0368-0120

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Fisher)

Union

• and -

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

Employer

BEFORE

Deborah J.D. Leighton

Arbitrator

FOR THE UNION

Gregg Gray Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Sia Romanidis Treasury Board Secretariat Employee Relations Advisor

HEARING

October 18, 2017

Decision

1Ms. Donna Fisher, a retired Records Clerk, from the Central East Correctional Centre, filed a grievance claiming, inter alia, that when she became a classified employee in and around 2001-2002, she was advised that she could buy back pension contributions, but it had to be paid in a lump sum. She could not afford to do this. Subsequently, after it was too late to opt for a “buy back” she discovered that the advice was wrong. She alleges that the employer is responsible and should therefore rectify the matter, so she receives a full pension. Further, she seeks damages for her pain and suffering. The employer takes the position that there is no evidence to support a breach of the collective agreement.

2The parties referred this grievance to mediation/arbitration in accordance with Article 22.16 of the collective agreement. At the outset of the hearing, the parties agreed that I had the jurisdiction to deal with these matters and asked that I issue a decision without precedent or prejudice, and without written reasons.

3There was no evidence to support a breach of the collective agreement. Consequently, having carefully considered the evidence and the submissions of the parties on all the allegations, as well as the jurisprudence of the Board, I hereby deny this grievance.