HomeMy WebLinkAbout2012-2971.Hogan.14-01-28 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#2012-2971
UNION#2012-0617-0027
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Hogan) 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 and Gregg Gray
Ontario Public Service Employees Union
Grievance Officers
FOR THE EMPLOYER Greg Gledhill
Ministry of Government Services
Centre for Employee Relations
Employee Relations Advisor
HEARING September 17, 2013 and January 20, 2014
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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 well.
The decisions are without prejudice but attempt to provide guidance for future disputes.
[7] John Hogan was a Correctional Officer with the Sudbury Jail. He was offered and accepted
a retirement package. Upon leaving he was informed that he owed the Employer 28 hours
of work. The hours owing were deducted from his final vacation credit pay out. He filed a
grievance that alleged the Employer had violated the Collective Agreement.
- 3 -
[8] The Employer explained that the hours owing were as the result of the grievor changing
from a compressed work week schedule to an administrative (Monday to Friday – eight
hour) schedule.
[9] The Employer provided a Reconciliation Report which revealed that the grievor was
scheduled for 17,452 hours during his employment and was paid for 17,480. The shortfall
of twenty-eight hours was the time deducted from the grievor’s final vacation pay out.
[10] The grievor took the position that none of the other ten people who retired at the same time
owed hours. Further he was annoyed that he was not notified of the owing hours at a time
when he could have worked overtime to reconcile the time.
[11] While I understand the grievor’s frustration in not being told of the shortfall in hours until
his imminent departure, there has been no violation of the Collective Agreement and
therefore the grievance is denied.
Dated at Toronto, Ontario this 28th day of January 2014.
Felicity D. Briggs, Vice-Chair