HomeMy WebLinkAbout2007-1072.Dorion.13-11-20 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#2007-1072, 2010-2638
UNION#2007-0234-0084, 2011-0719-0003
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Dorion) 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 Nick Mustari
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Greg Gledhill
Ministry of Government Services
Centre for Employee Relations
Employee Relations Advisor
HEARING September 17, 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] Selena Valenta is a classified Correctional Officer working at the Kenora Jail. Stacey
Dorion is a Correctional Officer working at Maplehurst Correctional Complex. Both filed
grievances that allege the Employer has violated the Collective Agreement by failing to
include hours they worked at Central North Correctional Centre in the calculation of their
continuous service date.
[8] The facts are not in dispute. Both grievors worked at CNCC while it was privately
operated by MTC. In each case, the grievor resigned their employment with MTC to
work as Correctional Officers at the Kenora Jail or Maplehurst Correctional Complex.
Neither was working at CNCC at the time it was brought under the umbrella of the
Ontario Public Service.
[9] It was the position of the grievors that the hours worked at MTC as a Correctional Officer
ought to be included for the purposes of determining their continuous service date. The
Employer submitted that MTC was a private company and therefore all of the hours
worked for MTC were outside of the Ontario Public Service. Accordingly the hours
cannot be included in the grievors’ continuous service dates.
[10] I must agree with the Employer. This Board dealt with similar grievances in Re Ministry
of Community Safety and Correctional Services and OPSEU (Bahlieda et al) GSB#2003-
3837. In that matter I found that the grievors, who had once worked for the Ministry,
resigned and went to work for MTC were not Ontario Public Service employees while
working for MTC in 2003. It was stated on page 5:
…..CNCC is not operated by the Ontario government. Employees of CNCC are
not members of the Ontario Public Service.
[11] One of the grievors was of the view that the time worked for MTC was as a “contract
employee for the Ontario Public Service with the Ministry of Correctional Services”.
That is not correct. The time periods at issue were, for both grievors, time worked for
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another employer and therefore not eligible for consideration in the determination of
continuous service dates. The grievances are denied.
Dated in Toronto, Ontario this 20th day of November 2013.
Felicity D. Briggs, Vice-Chair