GSB# 2012-3907; 2017-0647

UNION# 2013-0338-0001; 2016-0338-0002

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Grievor)

Union

• and -

The Crown in Right of Ontario (Ministry of the Solicitor General)

Employer

BEFORE

Ken Petryshen

Arbitrator

FOR THE UNION

Christopher Bryden Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Felix Lau Treasury Board Secretariat Legal Services Branch Counsel

HEARING

December 14, 2020

Decision

1I have before me an appeal relating to the denial of Long Term Disability Benefits for the any-occupation period which began on July 15, 2015. The hearing of the Grievor’s claim on appeal was held on December 14, 2020. Having heard from the parties at the hearing, I hereby make the following directions:

1. The Claimant will receive LTIP any-occupation benefits from July 15, 2015, to December 14, 2020.

2. Manulife will continue to administer the Claimant’s claim in accordance with the terms of the Collective Agreement and such other applicable documents governing the Claimant’s LTIP entitlements.

3. If the insurer denies the claim for the any-occupation period, the Claimant retains the right to file an appeal in accordance with the Parties’ Memorandum of Settlement with Addendum dated July 20, 1999, and Memorandum of Settlement dated May 17, 2001, regarding JIBRC and CRS and the June 15, 2015 Memorandum of Settlement.

4. The parties further agree that the June 15, 2015 Memorandum of Settlement regarding the termination grievance continues to apply.