HomeMy WebLinkAbout2012-4540.Marien.14-01-30 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#2012-4540
UNION#2013-0290-0012
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Marien) Union
- and -
The Crown in Right of Ontario
(Ministry of Children and Youth Services) Employer
BEFORE Felicity D. Briggs Vice-Chair
FOR THE UNION Nick Mustari and Gregg Gray
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Karen Martin
Ministry of Government Services
Centre for Employee Relations
Employee Relations Advisor
HEARING September 17, 2013 and January 20, 2014
- 2 -
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.
- 3 -
[7] Luc Marien is a classified Youth Services Officer who filed a grievance stating that
Articles 2 and 3 of the Collective Agreement have been violated because the Employer
failed to transfer him to a Youth facility in Sudbury.
[8] The grievor was rolled over to classified status just prior to the closure of the Bluewater
Youth Centre in June of 2012. He exercised his rights under Appendix 13 to work at Roy
McMurtry Youth Centre.
[9] Since moving to the RMYC he has applied on three occasions to laterally transfer to
Sudbury. He urged that he should be given such a transfer so that he can be closer to his
son.
[10] The grievor provided his custody agreement signed in 2010 that allows for certain
visiting conditions that amends an agreement signed in 2007. It would appear that as far
back as 2010 the grievor’s son has been living in Sudbury. It is unclear why in the
grievor’s statement he said that his separation took place in August of 2012.
[11] The parties agree that there were no lateral transfers encompassing the time of the filing
of the grievance.
[12] While it is unfortunate that the grievor has not obtained the position that he desires, there
has been no violation of the Collective Agreement and therefore the grievance is
dismissed.
Dated in Toronto, Ontario this 30th day of January 2014.
Felicity D. Briggs, Vice-Chair