HomeMy WebLinkAbout2012-0873.Santos et al.13-11-22 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#2012-0873, 2012-0874, 2012-4303, 2012-4304, 2012-4305, 2012-4306
UNION#2012-0517-0028, 2012-0517-0029, 2012-0108-0277, 2012-0108-0278, 2012-0108-0279,
2012-0108-0280,
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Santos 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
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] Six Correctional Officers from Elgin Middlesex Detention Centre and Toronto West
Detention Centre grieved that the Employer violated Articles 2, 3 and 31.A.15.1.1 of the
Collective Agreement by failing to convert them to classified status.
[8] The grievors were of the view that they have performed the same work for a period in
excess of eighteen months and therefore ought to be converted to classified status.
[9] This Board has dealt with similar grievances in the past. In Re Ministry of Community
Safety and Correctional Services and OPSEU (Khan et al) GSB#2009-0723, this Board
stated, beginning at paragraph 8:
The Employer suggested that the complete answer to this issue is to be found at
Appendix COR 9. In that provision the parties agreed that during the term of that
Collective Agreement the Employer would “roll-over” thirty Youth Workers and
220 Correctional Officers to Regular Service or classified status. It also states:
For greater clarity, this complements and extends the MCSCS MERC
Agreement signed February 12, 2008, to the end of this collective
agreement (December 31, 2012).
At Paragraph 4 of the February 12, 2008 Memorandum of Agreement it was
stated, in part:
The parties further agree that no additional grievances pertaining to
Article 6; 31.A.5 and Appendix 20 will be advanced for the duration of
this collective agreement.
After considering the facts and submissions in these matters, I am of the view
that the Employer is correct. The parties agreed in February 12, 2008 to a specific
number of Correctional Officer (and Youth Officer) positions to be “rolled-over”
during the term of the Collective Agreement. This agreement was not dependent
upon any criteria as might be found at Article 31.A.5 and, presumably for that
consideration, the Union agreed that “conversion” grievances would not be
advanced.
Accordingly I am without jurisdiction to determine these grievances and they are
dismissed.
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[10] The six grievances presently before this Board are virtually identical to those considered
under Khan (supra). Accordingly, they are dismissed.
Dated at Toronto, Ontario this 22nd day of November 2013.
Felicity D. Briggs, Vice-Chair