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CSSEA received an arbitration award that addressed a sectoral policy grievance filed by the Community Social Services Bargaining Association (the Unions). The Award is binding on all employers and unions covered by CSSEA’s three Collective Agreements.
The policy grievance claimed that the extended health care plan should reimburse employees at 100% of the cost of eye exams rather than the usual 80% payable rate. The Unions made this assertion on the basis of the language found in Article 27.6(c), which was changed in the 2013 round of bargaining. Since 2013, the clause states that eyeglasses and laser surgery are covered at 80% for claims (up to agreed maximums) but the clause is silent in relation to the percentage payable for eye exams. The unions took this silence to mean that the parties intended eye exams to be payable at 100%.
CSSEA disagreed with this interpretation, asserting that there was no mutual intention revealed in the 2013 round of bargaining to depart from the parties’ historical application of the extended health care plan to pay eligible benefits at 80%.
The arbitrator agreed with CSSEA’s interpretation and dismissed the grievance. The full award can be found here (Please note: members will be required to log in to access the decision).
If you have any questions, please contact your CSSEA Consultant/Advocate.
Doris Sun
Director of Communications
604.601.3110
604.319.5010
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