Ontario Public Service Employees Union (Doyle) v. The Crown in Right of Ontario (Ministry of Children, Community and Social Services), 2022 CanLII 60096

GSB# 2016-1542

UNION# 2016-0534-0010

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Doyle)

Union

• and -

The Crown in Right of Ontario (Ministry of Children, Community and Social Services)

Employer

BEFORE

Reva Devins

Arbitrator

FOR THE UNION

Ed Holmes Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

George Parris Treasury Board Secretariat Legal Services Branch Counsel

HEARING

April 14, 2022

Decision

1On agreement, the current matter proceeded in accordance with Article 22.16 of the Collective Agreement, with brief reasons for decision. The parties provided a Will Say Statement of the Grievor’s evidence, the Ministry’s response, and accompanying documents.

2The Grievor was employed at the Ministry of Community and Social Services when he was subject to a garnishee order requiring family responsibility payments to be taken from his pay and remitted to his former spouse. The parties agreed on the allowable amount that can be deducted under a garnishee order, however, the grievor alleged that the Employer improperly withheld more than the allowable amount.

3The Employer provided records of the Grievor’s disposable earnings, the exempted amount, and the garnishment amount for the disputed pay periods. These records indicate that the amounts withheld by the Employer did not exceed the maximum allowable deduction permitted by law. The Union had no evidence to the contrary.

4Based on this evidence, I have determined that the Employer correctly calculated the amount to be withheld and the remaining wages to be paid to the Grievor. The grievance is therefore dismissed.