Living Waters Catholic School Division v Stubbs, 2020 CanLII 41748 (AB GAA)

In this case, the employer alleged that it had overpaid a teacher who had not returned the alleged overpayment. As a result, the employer (school division) brought a grievance against the teacher and the Alberta Teachers’ Association (the ATA). The ATA argued that the employer was not entitled to bring a grievance against the employee for wages because that was a central issue, and could only be brought by the Teachers’ Employer Bargaining Association – TEBA (TEBA is an organization mandated by legislation to bargain central matters with the ATA). In this preliminary decision, Arbitrator Jones rejected the ATA’s position, found that the amount of an individual teacher’s (over)payment was a local matter, and concluded that the employer was entitled to bring a grievance against the teacher to obtain repayment of any applicable overpayment.