HomeMy WebLinkAbout2012-1249.Pearson.13-04-11 DecisionCrown Employees
Grievance Settlement
Board
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180 Dundas St. West
Toronto, Ontario M5G 1Z8
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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#2012-1249
UNION#2012-0618-0022
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Pearson) Union
- and -
The Crown in Right of Ontario
(Ministry of Children and Youth Services) Employer
BEFORE Felicity D. Briggs Vice-Chair
FOR THE UNION Tim Mulhall
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Karen Martin
Ministry of Government Services
Centre for Employee Relations
Employee Relations Advisor
HEARING March 14 and April 2, 2013.
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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] Jeffrey Pearson is a Grounds Maintenance worker at Cecil Facer Youth Centre. He filed a
grievance that alleged the Employer violated the Collective Agreement by “running an
unfair/flawed competition”. By way of remedy he asked to be given full time
employment at Cecil Facer.
[8] The job competition that the grievor referred to in his grievance was for a position that
was limited to job threatened employees. The grievor was not the successful candidate.
[9] The grievance is denied. There was no evidence of a flawed process. Nor was there any
violation of the Collective Agreement. Finally, I understand that the incumbent had
greater seniority than the grievor.
Dated at Toronto this 11th day of April 2013.
Felicity D. Briggs, Vice Chair