GSB# 2018-3796

UNION# 2019-0340-0002

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Pelham)

Union

• and -

The Crown in Right of Ontario (Ministry of Finance)

Employer

BEFORE

Brian McLean

Arbitrator

FOR THE UNION

Jesse Gutman Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Debra Kyle Treasury Board Secretariat Legal Services Branch Counsel

HEARING

September 13, 2019

Decision

1The parties resolved this grievance by a Memorandum of Settlement dated September 13, 2019. Under the agreement I was to remain seized with the interpretation, implementation and enforcement of the Memorandum of Settlement. I write this decision pursuant to that authority.

2Under the settlement the Grievor was to repay the Employer $6,314.64 after the Employer had paid the Grievor $22,000. In this regard, paragraphs one and two of the Memorandum of Settlement state:

1. The Employer agrees to pay to the Grievor $22,000 in general damages, without deductions (the “Payment”). The Employer agrees to make best efforts to make the payment within sixty (60) days of signing the Memorandum of Settlement (“MOS”).

2. Within seven (7) days of receipt of the Payment, the Grievor agrees to re-pay the amount of $6,314.64 owed to the Employer in accordance with the letters previously sent to the Grievor (the “Repayment”).

3In addition, under the Memorandum of Settlement, the parties agreed to do various other things. There is no dispute that the Employer has done all that it was required to do under the Memorandum of Settlement including making the payment required by paragraph 1 of the Memorandum. There is also no dispute that the Grievor has not made the payment to the Employer required by paragraph two of the Memorandum of Settlement. Accordingly, the Employer seeks an Order that the Grievor comply with the Memorandum of Settlement. The Union advises that it has not been able to contact the Grievor and does not oppose the Employer’s request.

4In these circumstances I find that the Grievor has breached the Memorandum of Settlement dated September 13, 2019. I Order the Grievor, Ms. Claire Pelham, to, within 30 days of the date of this decision, pay the Employer the amount of $6,314.64. I note that if the Grievor fails to comply with this Order the Employer may enforce the Order through the Courts.

5I remain seized.