Ontario Public Service Employees Union (Smieja) v. The Crown in Right of Ontario (The Ministry of Children, Community and Social Services), 2019 CanLII 42409

GSB# 2016-2836; 2017-1094; 2017-1919; 2017-3587

UNION# 2017-0601-0004; 2017-0601-0007; 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 (The Ministry of Children, Community and Social Services)

Employer

BEFORE

Christopher 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

TELECONFERENCE

April 29, 2019

Decision

1A previous decision was issued in this matter, on April 4, 2018.

2The April 4, 2018 decision directed that two issues would be addressed together:

1. The Grievor’s claim to receive 65 days’ pay for the waiting period until his WSIB payments were received; and

2. 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. The Employer seeks to be reimbursed what it paid the Grievor.

3I held a conference call with counsel for the parties on April 29, 2019. Union counsel raised the Grievor’s objection to the inclusion of the Employer’s counterclaim as part of consideration of his claim. Accordingly, the Union wishes to argue that I do not have jurisdiction to consider the Employer’s counterclaim as part of the consideration of the Grievor’s claim.

4Having heard counsels’ submissions, I issued the following directions:

1. The Union’s jurisdictional challenge will be addressed by written submissions;

2. The Union will first submit its written argument;

3. The Employer will have an opportunity to respond in writing;

4. The Union may reply.

5. I will then issue a decision on the question of whether I have jurisdiction to hear the Employer’s counterclaim with the Grievor’s claim.

6. Counsel for the parties will decide upon the timetable for the submissions. If they cannot agree, I will determine the timetable.