GSB# 2016-2836; 2017-1094; 2017-1919; 2017-3587; 2020-2070

UNION# 2017-0601-0004; 2017-0601-0007; 2017-0601-0011; 2018-0601-0002;

2020-0601-0003

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Smieja)

Union

• and -

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

Employer

BEFORE

Christopher Albertyn

Arbitrator

FOR THE UNION

Rebecca Jones Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Regina C. Wong Treasury Board Secretariat Legal Services Branch Counsel

SUBMISSIONS

Written Submissions received

Decision

1Previous decisions have been issued in this matter. A final decision was issued on January 6, 2021, with a subsequent, clarifying decision issued on August 26, 2021. The August 26, 2021 decision addressed issues that the Grievor had raised regarding the final decision.

2The August 26, 2021 decision left one matter outstanding. The Employer was given an opportunity to respond to the Grievor’s 6th claim that double CPP and EI deductions were made from his disability benefits received in 2013.

3The Employer filed a detailed submission on this issue on January 14, 2022. That submission explains that the Employer was required to deduct EI and CPP from the payments it made to the Grievor in 2021, pursuant to the January 6, 2021 decision, and that the Grievor may qualify for special tax treatment via a “Qualifying retroactive lump-sum payment” (CRA Form T1198), which he can submit to Revenue Canada relating to the payment attributable to 2013.

4The Employer’s submission makes clear that there was no double deduction of EI and CPP for the disability benefits the Grievor received in 2013.

5In the circumstances, nothing more remains in this matter. Payments have been made to the Grievor by the Employer in accordance with the decision of January 6, 2021.