GSB# 2015-3235; 2015-3236; 2016-2836; 2017-1094; 2017-1918; 2017-1919; 2017-3587
UNION# 2015-0290-0027; 2015-0290-0028; 2017-0601-0004; 2017-0601-0007; 2017-0601-0010; 2017-0601-0011; 2018-0601-0002
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Smieja)
Union
- and -
The Crown in Right of Ontario (Ministry of Children and Youth Services)
Employer
BEFORE
Christopher J. Albertyn
Arbitrator
FOR THE UNION
Jane Letton Ryder Wright Blair & Holmes LLP Counsel
FOR THE EMPLOYER
Ferina Murji Treasury Board Secretariat Legal Services Branch Senior Counsel
HEARING
March 28, 2018
DECISION
1This decision concerns the following grievances of Benedykt Smieja: GSB Numbers: 2015-3235, 2015-3236, 2016-2836, 2017-1094, 2017-1918, 2017-1919 and 2017-3587 (and the related OPSEU grievances numbers) (“the grievances”).
2The parties and the Grievor signed Minutes of Settlement on August 20, 2015. Those Minutes resolved any and all employment related matters to that date and the Grievor released the Employer from any claim related to the circumstances giving rise to the grievances that were resolved.
3I find that all issues arising from the grievances, but for what is described below, are encompassed by the terms of the Minutes of Settlement and may not proceed.
4The only issues that remain for determination are the following:
the Grievor’s claim for a declaration that he was entitled, under Article 41.2 of the collective agreement, to have received 65 days’ pay for the waiting period until his WSIB payments were received; and
The Employer’s counterclaim that the Grievor was paid by the Employer for a period when he was also receiving payments from WSIB, resulting in him being double paid for the same period.
5The Union will provide written particulars, and produce all relevant documents to the Employer with respect to the Grievor’s claim by May 31, 2018.
6The Employer will provide its written response to the Grievor’s claim and the written particulars of its counterclaim, and produce all relevant documents to the Union, by July 31, 2018.
7The Union will make any reply to the Employer’s response to the Grievor’s claim, and provide its response to the Employer’s counterclaim by September 21, 2018.
8The Employer may reply to the Union’s response to the Employer’s counterclaim by October 31, 2018.
9The parties will provide all those particulars, responses and replies to the Board thereafter. The parties will try to agree on the further proceedings of the matter (whether it can be determined on the basis of the written submissions or not). Failing their agreement, I will decide whether the matter can be determined on the written submissions, or whether a hearing is necessary.
10I am seized of the grievances.
Dated at Toronto, Ontario this 4th day of April, 2018.