Arbitration Assignment (1) ch
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Arbitration Assignment
Canadian Labour Relations -Sec23
Identify the Parties:
The parties involved are NEAR NORTH DISTRICT SCHOOL BOARD (the
“Employer”) and ELEMANTARY TEACHERS’ FEDERATION OF ONTARIO (the
“Federation”) with appearances from Mark wright on behalf of the Federation and Dirk Van de
Kamer on behalf of the Employer. 2020 CanLII 88021 (ON LA)
Identify the type of arbitration:
This is a Rights arbitration because there was Policy Grievances filed as the federation
believe that the employer had failed to uphold its obligations under the Collective Agreement by
its failure to pay the Supplemental Employment Benefit plan in accordance with the Collective
Agreement. (2020 CanLII 88021 (ON LA), (at para 4)
Describe the background:
This case between the elementary teachers (The Federation) and Near North District
School Board (The Federation) is a dispute between both sides regarding how Supplementary
Employment Benefits (“SEB”) are paid to teachers on maternity leave or parental leave. The
elementary teachers (The Federation) believe that the School board (The Employer) did not stand
by what they had already agreed in the Collective Agreement by failing to pay the Supplemental
Employment Benefit Plan in accordance to what the Collective Agreement has stated. The
Federation also believe that The Employer wrongfully calculate the SEB and that they make
inappropriate deductions of the Employment Insurance amount that the member receives, from
the SEB amount they are eligible for.
Identify the Union’s Argument:
The Employer denies the allegations that they have failed to uphold their obligations under the
Collective Agreement and have provided how SEB benefits are currently calculated. The board
gives SEB benefits for pregnancy leave in a lump sum or bi-weekly payments, depending on
what the teacher wishes and the SEB payments are calculated using this formula.
SEB Calculation:
-
SEB at 100% (6 weeks):
Teaching days in 6-week period (max 30 days) x Daily Teaching Rate x 100%
-
SEB AT 95% (11 weeks):
Teaching days in 11-week SEB eligibility period x Daily Teaching Rate x 95%
Deductions from SEB Calculation:
-
Less: Total EI Received during 17-week period
-
Less: Any overpayment owing if teachers have already been paid in excess of the number
of days worked.
Identify the Managements Argument:
The Federation filed the herein policy grievances accusing the Board’s method of
calculating SEB benefits as a breach of the Collective Agreement.
The portion of Article C11.2 which states that “Eligible teachers shall receive the
pregnancy leave benefits herein for the entire eight (8) week period throughout the course
of the entire calendar year regardless of whether the teacher would otherwise be required to
work” should be applied to the entirety [sic] 17-week period of superior benefit resulting
from the meshing of the 2008-2012 agreement with the 2013 MOU. As a result, the MOS
from November 2001 no longer has any application and members are entitled to their full
pregnancy leave entitlement regardless of when that leave commences.
The Association also alleges that:
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