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Corrections Division LockTalk, July 9, 2009

CSD agreement now in place

On April 20, 2009 the parties came to a final resolution for the Continuous Service Date (CSD) calculations for unclassified employees who are/have been in receipt of Workplace Safety and Insurance Board (WSIB) benefits. This settlement, which was made an Order of the Board, was reached with the assistance of Vice-Chair Abramsky who issued the initial Award.

The agreement puts into place a formal method of calculating the appropriate number of full-time work weeks performed while employees were in receipt of WSIB benefits. This will allow employees to have their continuous service date more accurately reflect what it would have been but for a workplace-related accident or illness. This settlement will be applied across all Ministries’ in the Ontario Public Service for unclassified and seasonal employees.

To summarize the method of calculating the CSD under this agreement:

  • This agreement applies to unclassified and seasonal employees who were appointed to the classified service after February 1, 2005. Employees who were appointed to the classified service prior to February 1, 2005 and filed a grievance (prior to this date) on this matter will have their CSD amended in the manner discussed below.
  • The employer will determine the total number of weeks of the approved WSIB leave.
  • The employer will then count backwards an equal number of weeks and determine the number of full-time work-weeks worked.
  • The employer will then apply this same number of weeks distributed equally throughout the period of the approved WSIB leave.
  • Partial weeks of approved WSIB absences will be included in the calculation.
  • The employer commits that no employee will have their CSD reduced through this review.
  • The employer has agreed to compensate any employee for any owed vacation credits as a result of the adjustment.

The union committed to issue a communication to all employees who may be affected by this settlement as there is an obligation on employees to approach their management with any supporting documentation or information to have the employer commence a review (para. 10).

For more information, please contact Scott Andrews, Grievance Officer, at OPSEU Head Office, 1-800-268-7376.

Ontario Public Service Employees Union, 100 Lesmill Road, Toronto, Ontario M3B 3P8

Original authorized for distribution by Warren (Smokey) Thomas, president and Eduardo (Eddy) Almeida, MCSCS MERC Chair.

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