GSB#2016-2808; 2016-2857

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

The Association of Management, Administrative and Professional Crown Employees of Ontario (Rowe)

Association

• and –

The Crown in Right of Ontario (Ministry of Education)

Employer

BEFORE

Janice Johnston

Arbitrator

FOR THE ASSOCIATION

Emma Phillips Goldblatt Partners LLP Counsel

FOR THE EMPLOYER

Felix Lau Treasury Board Secretariat Legal Services Branch Counsel

TELECONFERENCE

May 8, 2019

Decision

1The parties in this case signed Minutes of Settlement dated July 18, 2017. A question has arisen with regard to the interpretation of the Minutes of Settlement.

2The Association takes the position that Ms Rowe is entitled to be reimbursed for travel expenses incurred by her in the course of her employment with the Ministry. These expenses were incurred prior to the signing of the Minutes of Settlement.

3The employer takes the position that Ms Rowe is not entitled to claim these expenses as the Minutes of Settlement resolved all of the outstanding grievances and any and all issues in dispute pertaining to Ms Rowe’s employment.

4In response the Association strongly disputes the Employer’s position that it is not required to reimburse Ms Rowe for these expenses. There was no discussion of travel expenses and the issue was not addressed in the Minutes of Settlement.

5Several teleconference calls have been held in an effort to resolve this issue. As the parties were unable to reach agreement a final teleconference call was held on May 8, 2019. At that time the parties were afforded full opportunity to make submissions and put before me any documentary evidence they relied upon.

6Having regard to the evidence before me and the submissions of the parties I have determined that it is appropriate to direct the Employer to pay to Ms Rowe the sum of $1445.95 as reimbursement for travel expenses incurred by her in the course of her employment. The Employer shall make best efforts to pay this sum to Ms Rowe within sixty (60) days from to-days date.

7In the event that there are any difficulties with regard to the implementation or interpretation of this award I shall remain seized.