Outcome of Policy Grievance #14030026 & #15070019 – WSBC
Re: Outcome of Policy Grievance #14030026 & #15070019 – WSBC
In 2014 the Employer made changes to the application of Article 24.04, Workers’ Compensation Board Claims, specifically, the calculation of “Normal Net take-home” and “regular rate of Pay”.
The Union filed two policy grievances and several individual grievances alleging the Employer was underpaying employees who elected to have the Employer maintain their wages pursuant to Article 24.04 of the Collective Agreement (Grievance No’s 14030026,15070019, and the individual grievances) (collectively, the “Grievances”)
The Union advanced two (2) policy grievances on these matters to be heard before Arbitrator Ken Saunders, originally in February 2018. The Union believed we had a settlement and in good faith the Union cancelled our dates with the Arbitrator. Unfortunately, the Employer did not uphold their side of the settlement agreement which led to a further delay in resolving the matter.
The Union re-engaged arbitrator Ken Saunders with new dates set to hear the matter on November 9,10,12,13, 2020.
During the course of discussions leading up to the arbitration, an audit was conducted of payouts made to all employees who filed WCB claims between June 24, 2014 (ratification of the FBA agreement) and September 11, 2015 (the date the Employer changed the calculation process) (the “Review”).
The Review also included a comparison of all payouts to our members with the payments the Employer received from WSBC on behalf of each member. The Review included all members who made WSBC claims, regardless of whether the Union filed a grievance on behalf of that employee or not.
We are pleased to announce that we have reached a resolve on this matter. Please find the full settlement here: https://tinyurl.com/y4rnqe5l
The resolve includes a sum of $355,121.17 in monies to be paid out to approximately 500 affected members. The Union expects these payouts to impacted members will occur prior to December 31, 2020.
Due to the sensitive nature surrounding personal WSBC claims we are unable to provide the specific details for each member here; a member notification via email will be sent out over the next few weeks to your APBC email account.
Through our settlement discussions we have also secured a new election process for members to receive 100% pay upfront vs being placed on STIIP.
If members are looking for their specific details, please contact your RVP or the undersigned.