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HomeMy WebLinkAbout2012-4321 Pierobon 14-06-12 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#2012-4321 UNION#2013-0617-0005 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Pierobon) 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 Linda Elliott Ministry of Community Safety and Correctional Services Employee Transition Manager HEARING January 20, June 9, 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] Mr. Derek Pierobon was a Youth Worker at Cecil Facer Youth Centre. He became classified in January of 2009. According to the grievor, at the time he was rolled over he disputed his hours and his “interim Continuous Service Date” which was stated to be January of 2005. The grievor contends that he spoke with an Office Manager in 2011 that he did not agree with his hours. [8] In 2012 the parties agreed that there would be eight transitional job trades at the Sudbury Jail for the most senior Youth Officers at Cecil Facer. These positions were assigned to the most senior officers wishing to move to the Sudbury Jail. [9] The grievor asserts that had his hours and CSD been properly calculated in 2009 he would have been the 8th most senior Youth Officer on the list and therefore would have received one of those eight positions. Instead, the Employer’s improper calculations caused him to be placed ninth on the list and for that reason he took a transitional job trade to the Sault Ste. Marie Jail. [10] A re-calculation of the grievor’s hours was undertaken in December of 2012 and this brought about a change in his CSD to November of 2004. [11] Mr. Pierobon is seeking full redress including $3700.00 for travel time and mileage. Accordingly to the Employer, Mr. Pierobon did not actually work many shifts at the Sault Ste. Marie Jail. He was temporarily assigned to the Sudbury Jail on compassionate grounds and has subsequently obtained a job trade with a Correctional Officer wanting to move to the Sault Ste. Marie Jail. [12] As the result of the filing of the grievance, the Employer recalculated the grievor’s CSD and found an error. At the same time, the CSD of the eighth person on the transitional job trade list, Mr. Ledrew, was recalculated. The Employer explained that Mr. Ledrew’s hours were re-examined to ascertain the relative standing of Mr. Ledrew and the grievor. That re-examination determined that Mr. Ledrew’s CSD was also incorrect. Employer documents revealed that the grievor continued to be in the ninth position according to his recalculated CSD. - 4 - [13] Accordingly, the grievance is dismissed. Dated at Toronto, Ontario this 12th day of June 2014. Felicity D. Briggs, Vice-Chair