HomeMy WebLinkAbout2013-3305 McDougall 14-06-12 DecisionCrown Employees
Grievance Settlement
Board
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180 Dundas St. West
Toronto, Ontario M5G 1Z8
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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#2013-3305
UNION#2013-0108-0135
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(McDougall) 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] Kendra McDougall is a Correctional Officer at Elgin Middlesex Detention Centre. She
began as a fixed term employee in 2008. In December of 2010 she requested a temporary
assignment to the Chatham Jail. That assignment was extended and she did not return to
EMDC until April of 2012.
[8] In February of 2013 there was a rollover of staff at EMDC Ms. McDougall filed a
grievance alleging that she should have been rolled over into classified status at that time.
It is her view that because of the “employee’s rights” section of the temporary assignment
agreement she signed, her grievance should be upheld.
[9] The Employee’s Rights provision of the December 23, 2010 agreement Ms. McDougall
signed stated:
Employee’s rights and entitlements will continue from his/her home position at EMDC.
The employee retains status as a civil servant and entitlement to apply for employment
opportunities within the OPS. Employee will not be entitled to be “rolled-over” into a
classified position at the Chatham Jail during this three month temporary assignment.
However, any hours worked at Chatham Jail may be included in total hours worked for
being considered for “roll-over” at EMDC upon the Employee’s return to EMDC.
[10] The Roll-over exercise undertaken by these parties follows signed Memoranda of
Agreement for each institution. At EMDC, such an agreement was signed on February
11, 2013. Paragraph 2 of that agreement stated:
Fixed-Term Correctional Officers who have entitlements to these positions at the Elgin-
Middlesex Detention Centre are fixed-term Correctional Officers who have been
employed and continue to be employed at the Elgin-Middlesex Detention Centre for one
year prior to the date of the signing of this Agreement. (emphasis mine)
[11] The above provision at paragraph 2 of the Memorandum of Agreement virtually always
appears as a condition of the roll-over agreements. While it occasionally happens that
COs such as the grievor appear to have been disadvantaged, it is meant to ensure that
people who have been continually employed at a particular institution have preference
over those who are on or who have been on temporary assignments elsewhere.
- 4 -
[12] The grievor had not been continually employed at EMDC for a full year prior to the roll-
over exercise and therefore the grievance is denied.
Dated at Toronto, Ontario this 12th day of June 2014.
Felicity D. Briggs, Vice-Chair