GSB# 2016-2772; 2016-2773; 2017-0231; 2019-1978; 2019-2880
UNION# 2017-0582-0006; 2017-0582-0007; 2017-0467-0013; 2019-0582-0026;
2019-0467-0040
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Gareau et al)
Union
- and -
The Crown in Right of Ontario (Ministry of the Solicitor General)
Employer
BEFORE
Diane L. Gee
Arbitrator
FOR THE UNION
Jane Letton Ryder Wright Blair & Holmes LLP Counsel
FOR THE EMPLOYER
Joohyung Lee Treasury Board Secretariat Legal Services Branch Counsel
HEARING
September 9, 2020 (by videoconference)
DECISION
1This is a decision pursuant to article 22.16.2.
2Anne Gareau and Jonelle Rochester both worked as Correctional Officers and were at the top of the salary scale prior to becoming totally disabled. They have both been on LTIP benefits since 2008 and 2012 respectively.
3Article 42.2.1(j) of the 2015-2017 Central Collective Agreement provides, effective January 1, 2015 and thereafter, LTIP benefit payments shall be adjusted by an increase equal to those provided for under Article UN 16. A LOU signed November 23, 2015 provides that, for the Correctional bargaining unit, adjustments would be based on COR 17, not UN 16. An interest arbitration award granted all correctional officers a 1.4% wage increase on January 1, 2017 and a 3% increase as a special adjustment to correctional staff. COR 17 reads in relevant part:
COR 17.2 All salary rates to be increased across the board as follows:
January 1, 2017 – 1.4%
The salary rates in effect on January 1, 2017 for all classifications are contained in the Salary Schedule attached.
4Special adjustments are dealt with in COR 39 as follows:
Special adjustments shall be as follows:
The following are special wage adjustments. These increases will be applied to existing rates following any across the board increases, and a special wage adjustment on the same date will be compounded on the across the board increase.
- The salary rates for all steps in the Correctional Officer 1, 2, 3 class series will be increased as follows:
i. 3% on January 1, 2017
5The grievors received a 1.4% increase but did not receive the 3% special adjustment.
6The 2018-2021 Corrections Collective Agreement (the first stand-alone Corrections Agreement) maintained the language of article 42.2.1(j) except to make referenced to COR 17 and not UN 16. An interest arbitration award granted Correction Officers an ATB and a special adjustment of 1.75%. COR 17 in the 2018-2021 Corrections Collective Agreement reads:
COR17.1 All salary rates to be increased across the board as follows:
January 1, 2018 – 1.5%
January 1, 2019 – 1%
July 1, 2019 – 1%
January 1, 2020 – 1%
July 1, 2020 – 1%
January 1, 2021 – 1%
July 1, 2021 – 1%
The salary rates in effect are contained in the Salary Schedule attached.
7Special Wage Adjustments are dealt with in COR 39 which provides in relevant part as follows:
Special adjustments shall be as follows:
The following are special wage adjustments. These increases will be applied to existing rates following any across the board increases, and a special wage adjustment on the same date will be compounded on the across the board increase.
- The salary rates for all steps in the Correctional Officer 1, 2, 3 class series will be increased as follows:
i. 1.75 % on January 1, 2018
ii. 1.75% on January 1, 2019
iii. 1.75% on January 1, 2020
iv. 1.75% on January 1, 2021
8The grievors received an adjustment equivalent to the ATB provided for in COR 17 but did not receive the 1.75% special wage adjustment.
9Correctional officers who are on approved paid leaves of absences such as pregnancy/parental leave and full-time union leave receive ATB increases as well as increases equivalent to special adjustments.
10The Union argues the Employer is in violation of the Collective Agreements and section 5 of the Ontario Human Rights Code by not adjusting the grievors’ LTIP benefits in keeping with the two special wage adjustments referred to above.
11The Union submits the language of the Collective Agreements is clear that LTIP benefits are to be increased by special wage adjustments; it is argued that COR 17 makes reference to the salary schedules and the salary schedules are adjusted by special wage adjustments. Further, it is argued that the grievors are COs and their LTIP benefits are based on that status; it would be contrary to the Collective Agreement to drop them out of that classification for the purposes of special wage adjustments. In respect of the argument that the failure to grant the grievors the special wage adjustments is a violation of the [Human Rights Code](https://www.canlii.org/en/on/laws/stat/r