HomeMy WebLinkAbout2011-3941.Haggett et al.12-11-26 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#2011-3941, 2012-0533, 2012-2202
UNION#2011-0369-0868, 2012-0369-0010, 2012-0369-0048
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Haggett et al) 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 October 15, November 13, 2012.
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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
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well. The decisions are without prejudice but attempt to provide guidance for future
disputes.
[7] Roger Haggett and four other Correctional Officers who worked at CNCC filed a
group grievance that alleged the Employer had violated the Collective Agreement
because they were not “treated the same as other Institutions who were offered packages
in relation to the closing of the Walkerton and Owen Sound Institutions.” Mr. Robert
Moreau filed an identical grievance. Specifically, they wanted to be offered the option of
early retirement.
[8] The grievors argued that “as per past practice” they ought to have been offered
early retirement packages as an incentive “to make room for the excess employees” as the
result of the closure of the Walkerton and Owen Sound Jails.
[9] Simply put, there is no violation of the Collective Agreement or any other
agreement between these parties. The movement of the officers from Owen Sound and
Walkerton was done in accordance with Appendix 13 and nothing therein would oblige
the Employer to offer early retirement to officers at CNCC.
[10] The grievors alleged that the staff at the Sarnia Jail were given packages to “make
room” for some of the Officers being displaced from Walkerton and Owen Sound. The
parties agreed that this is not the case.
[11] Accordingly, the grievances are dismissed.
Dated at Toronto this 26th day of November 2012.
Felicity D. Briggs, Vice-Chair