HomeMy WebLinkAbout2004-0140.Steffler.12-11-22 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2004-0140
UNION#2004-0234-0111
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Steffler) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Felicity D. Briggs Vice-Chair
FOR THE UNION Tim Mulhall
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Greg Gledhill
Ministry of Government Services
Centre For Employee Relations
Staff Relations Officer
HEARING July 12, November 13, 2012.
- 2 -
Decision
[1] Since the spring of 2000 the parties have been meeting regularly to address matters of
mutual interest which have arisen as the result of the Ministry of Community Safety and
Correctional Services as well as the Ministry of Children and Youth Services restructuring
initiatives around the Province. Through the MERC (Ministry Employment Relations
Committee) a subcommittee was established to deal with issues arising from the transition
process. The parties have negotiated a series of MERC agreements setting out the process for
how organizational changes will unfold for Correctional and Youth Services staff and for non
Correctional and non Youth Services staff.
[2] The parties agreed that this Board would remain seized of all issues that arise through this
process and it is this agreement that provides me the jurisdiction to resolve the outstanding
matters.
[3] Over the years as some institutions and/or youth centres decommissioned or reduced in
size others were built or expanded. The parties have made efforts to identify vacancies and
positions and the procedures for the filling of those positions as they become available.
[4] The parties have also negotiated a number of agreements that provide for the “roll-over”
of fixed term staff to regular (classified) employee status.
[5] Hundreds of grievances have been filed as the result of the many changes that have taken
place at provincial institutions. The transition subcommittee has, with the assistance of this
Board, mediated numerous disputes. Others have come before this Board for disposition.
[6] It was determined by this Board at the outset that the process for this disputes would be
somewhat more expedient. To that end, grievances are presented by way of statements of fact
and succinct submissions. On occasion clarification has been sought from grievors and
institutional managers at the request of the Board. This process has served the parties well. The
decisions are without prejudice but attempt to provide guidance for future disputes.
- 3 -
[7] Greg Steffler is a Correctional Officer at Maplehurst Correctional Complex who filed a
grievance regarding his Continuous Service Date. Some records were provided for the Board’s
review.
[8] A preliminary review of the grievor’s employment record leads me to believe that not all
of the grievor’s hours were properly counted.
[9] Accordingly, I order a thorough review of the grievor’s file. The parties are to agree
upon a mutually acceptable person to undertake the task of reviewing Mr. Steffler’s work record
to ascertain whether there have been hours not counted for the purposes of his CSD. This review
shall be completed within ninety days of the date of this decision.
[10] The mutually acceptable person is to report back to both parties.
[11] I remain seized.
Dated at Toronto this 22nd day of November 2012.
Felicity D. Briggs, Vice-Chair