HomeMy WebLinkAbout1988-0269.Fitzgerald.89-03-20 · C~OWN£MPLOY£~:$ D~ L'ONTAR~O
- GRIEVANCE COMMISSION DE
SEiTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WES7, TO.~ONTO, ONTARIO, MSG 1Zi~. SUtTE ~100 TELEPHONE/T~:L~PNONE
180. RUE DUNDAS OUEST, TORONTO. (ONTARIO) MSG
269/88
IN THE .HATTgR OF AN ARBITRATION
THE CROWN EHPLOYEES COLLECTIVE BARGAINING ACT
Before
· THE GRIEVANCE SETTLEHENT BOARD
Between:
OPSEU (A. Fitzgerald)
Griev0r
- and -
The Crown in Right of Ontario
(Ministry of Correctional Se:vices)
Employer
Before:
M.G. Picher - Vice-Chairperson
$.R. Hennessy - Member
D.C. Montrose - Member
APPEARING FOR Howard Law
THE GRIEVOR: Senior Grievance Officer
OP$~U
APPEARING FOR Joe whibbs
TBE EMPLOYER: Regional Personnel Administrator
Ministry of Correctional Services
~EARING: September 12, 1988
DECISION
This decision is made in respect of the §rievance of Correctional Ofiicer Al
Fitzgerald who nile§es that he was denied a position as a Treatment Officer in the
Treatment Unit of the Millbrook Correctional Centre, contrary to the provisions oi the
collective agreement between the parties. The Employer raises t~o preliminary
objections to the arb~trability o~ ~he grievance. Firstly, ~t asserts that the dec~sion
a~ainst which the ~rievance is Jiled concerns ~he assignment o~ sta~i which is within
the exclusive jurisdiction of management and, b)' virtue of the provisions of section ~S
(~) of. the Cro~ Employ~ Coll~ve Barg~ning Act, R.S.O. ~9S0, c. 10~, ~ bey~d the
jurisdiction of a board of arbitration. Secondly, the Employer argues that the grievance
is not ~n relation to the lilling oi vacant position within the meaning of article 4 o{
the cottecdve a~reement which governs the job posting procedure for iiliing vacancies
or new positions. In the Employer's vie~, lhe deployment o~ correctional oi{icers to
the responsibilities of the newly-established treatment unit does not involve the cr~t~n
oi a vacancy or of a new position, and on that b~is the grievance oi not arbitrable.
The Union asserts that the ~rievance is arbitrable both within the scheme o{ the ~
Employ~ Co~ve B~g~ning A~ and the terms ol the collective agreement.
Mr. Robert Stephens, a successful applicant for ~he assignment in dispute
appeared as an inlervenor at the hearings, essentially endorsing the position of the
Employer. It was agreed at the hearin'g that this decision would issue in relatic~ to the
matter of arbitrabitity only, the hearing tc; be reconvened for the purposes of assessin~
the merits of the grievance should the Union's position prevail.
There is no conflict with respect to the material fact.s. The ,Miltbrook
Correctional Centre, located near Peterborou§h, Ontario, is the only maximum secMrity
adult male correctional lacility operated in the province by the Ministw of Corr~t~
Services. With a capacity o~ 272 ~nmates, ~t is dedicated to the incarceration a~d
rehabilitation of the mos~ serious o[ o¢¢enders~ incIud~ng inmates with particularly
aggressive characteristics and, among Other, sexual oeEenders who are in need cE
protective custody, The Centre is comprised o~ a number o~ l~v~n~ win~s within the
walls ~s we~t as a twelve bed minimum security ~nnex located outside the wails o~ the
Centre. ~nmate ~orkin8 areas include a we[din~ (abrication shop which manufactures
barbecues used ~n provincial par~s as welt as automobile ]~cence p~ates, in edd~ti~ to a
taiJoring shop which Eabricates inmate clothing.
The bulk of the classified correctional staff consisted, at the time of the events
givin~ rise to the grievance, of 93 correctional officers, most of whom ~alf ~vithin the
classification o~ Correctional O~£icer 2 (CO2). Some junior o~icers, during ~heir first
year o! service are classified as ~orrectiona! Officer ! (COl), pro§ressin~ to the rank
ol CO2 upon the completion of their probationary year. These is also a limited number
of o~icers ~t the hi§her classific&tion of Co~rectlona! O~icer 3, ~ener~lly assi§ned to
hii~her responsibilities within the various se§merits of the Centre's operations. The
classified correctional staf~ are scheduled on three eight hour shi~ts, day, evenin~ and
n~ht, coverin§ ~ twenty-~our hour period, three hundred and slxty-~iYe days a year.
The Correctional O~icer 2, ~vhose job title is "genera[ duty officer" performs a
ran§e o~ dudes which are normally associated ~vith ~he responsibilities o~ a prison
~uard. The position specification for the classification C02 '~as filed ~n evidence and
cont~ns, in part, ~he
SUMMARY OF DUTIES AND RESPONSIBILITIES:
1~ (q0%) Performs general duties relating to the care,
control and supervision o! inmates at a maximum security
institution by: -
Working alone or with assistance in various locations
within the institution; providing control services on every
one oi three or more shifts; taking over {rom outgoing
officer, receivir~ instructions (oral or written depending
on positior~ taken over, e.§. order [rom medica! centre re
sleep watch on inmates would be written, as would orders
restricting priviledges (sic) of inmate(s); verifying correct
coun:; :aking charge ol a celi wing or tower grille
entrance etc.? or other area; controlling inmate and/or
staff movements in and out on basis of authorization;
making rounds ?unchlng detex clocks (alter.qoon and
midnight shirt), taking counts, keeping logs; observing ior
irregularities affecting security, good order etc., such as
breach of rules and security, suspicious conduct, escape
attempts, iire hazards, otc,; deciding on appropriate action
to be taken based on rules and regulations, precedent,
nature oi incident, e.§. call for assistance in restraining
inmate(s), reler to seniors, warn inmate(s), lay major
misconduct charges, restore security, otc,; coverin§
incidents and own actions by submitting oral or written
reporls; reporting on conduct and industry of inmates;
attemptin§ to motivate inmates towards acceptance ot
rules and reguiations~ contributing to inmates adjustment
and rehabilitation by personal examples of speech, dress
and conduct; as assigned assisting in the serving of meals
to inmates~ loading wagons in kitchen ensuring all items
are on each tray; transporting wagons to cell; taking
meal to inmate(s); ensuring all inmates have the
opportunity, to have the meal; checking that "special diet"
inmates receive specified diets; checkin§ to ensure inmates
on special diets do not attempt to switch meals; reporting
any such successful attempts to medical centre; taking
spoon count after mean and returning wagon to kitchen.
2. (t~0%) Provides correctional control and work supervision'
of inmate work ~ovided by: -
Receiving assignments and instructions from seniors re
work to be performed, tools required, safety and security
measures, etc.; working alone or with assistance; issuing
tools or materials; demonstrating correct ::~ethods, etc.;
keeping, cot]nt and signing in ~:qd ot:t slips i:~ controlling
work parry count: covering i:~du*;tri,~:; ar:J :naintenance
st~ff in supervising inmat,zs working ~:~ restr,:rt'd areas of
the institution; or where inmate numbers arc larg;e enough
to warrant or when security of institution would be pIaced
in jeopardy; arranging for inmate welfare, special
clothing, work breaks, etc.; searching inmates, shops and
work are for evidence of contraband:
N.B. Work parties generality] perlorm cleaning duties
(scrub teams), carry supplies ~rom warehouse ally (sic) to
kitchen, shovel snow, clean paths in small exercise yard
winter) grasscutting, paper pick up, clean up Bail
diamond, Horshoe (sic) pitch summer), etc. occasionally
perform construction duties.
3. (10%) Performs patrol duties such a.~: -
Acting as sentry or picket for outside work parties;
carrying out watchman and security patrols of institution
property, etc.; assisting in the security supervision of
in,males during recreation, i.e. bal~ gar.nas, etc.: submitting
oral or written reports covering aspects of each day,
evening or night patrols and investigations to senior
olSficer.
(I0%) Performs other relates duties such as: -
May drive institution vehicles as assigned and according
to capabilities; may act as escort in the trans.~er and
movement of inmates within the institution to and from
other institutions, hospitals, interviews, etc.; may act as
officer in charge of a large group o~ inmates arid in this
capacity may direct and train lesser experienced officers;
may take part in fire drills, master searches for
contraband and for escapes; may be required to plow
snow; sand roads, etc. on night shift so that morning
shift can report to workl may assist in library; may
provide informational and counselling to inmate at request
of inmate, e.g. explaining method of applying for parole,
how to obtain media services, etc.
N.B. 1. Maximum security institution housing two
classification groups, Security Risks or
Behavioural problems.
2. On afternoon and night shift duty t!l normally
wiI1 make up 90% of total time.
SKILLS AND KNOWLEDGE REQUIRED TO PERFORM THE
WOk K
Grade ~2 education. Preferably a de~,ree or a 2 year diploma
tvith specialization in one o! the social sciences from a
university of recognized standing or from a College o[ Applied
Arts and Technology as applicable. One year of satisfactory
experience as a correctional officer or acceptable equivalent
and successfu] completion o[ prescribed stall training course.
The events of recent years have seen a shi~ iq the :,~ake-up oF the inmate
popu~.ation w~thin the MiJlbrook Correctional Centre. it is estimated that in !952 some
three a.~d a half percent of segregated inmates su.~.~ered fr~)m some serious mental
disorder. Dy ~957 that figure increased dramatically, so that now some twenty percent
of segregated inmates are di. agnosed a.s su:[ferin§ from some active state ol psychosis.
This dramatic change is attributed to two factors: changes in mental health legislation
within the pr~¥Jnce and a contemporaneous reduction in the number o~ treatment beds
available in the provincial institution for the treatment for the criminally insane at
Penetanguishene. These adjustments have created a spill-over e~£ect which irnpacted on
the number o~ inmates at Mil!brook in segregated confinement ~vho rec~uire treatment
~or emotional prob[ems or personality disorders.
Prior to this change in inmate population the institution did not provide a
program of active treatment for disturbed inrr~tes, ajthou§h one psychiatrist and two
psychologists were on stall, presumably to provide services on an ad hoc basis. In
early ~988 a decision to establish a dedicated treatment unit ~ithin the institution was
implemented as a response to an obviously growing need. This decision involved a
reorg~n~zstion of the Centre ~nto three units, ~enerally described as the upstairs
correctiona] unit, the downstairs correctional unit and the ne~v treatment unit. The
tre.:~t:'~ent ur~t ca,ne to be housed in what .~a,,; previously a detention wiq~ ~ti[ized ~or
both p~n~sh~nent and the segregation of prisoners req,_~r~; protection. .Segre~.~ti.~ an:~
close conJinetaent were trans{erred to another area known 'as number 5 wing, It was
determined that the manpower reorganization occasioned by these changes would
require an increase in complement o! three additional correctional officer positions.
Mana~emen~ decided tha~ ~ourteen cor~ectiona~ stall would be assigned to ~ork w~th]n
the treatment unit and that the three ne~ positions would be a]iotted ~o the ~r~ati~
and close con~]nement [aci~ity being moved to number 9 wing. In the aggregate,
therefore, ~s the Employer saw it, the complement al classified correctional officers
would increase from 93 to 96. The three new pos}t}ons so created ~ere posted ~nt
to the provisions al article ~ al the collective a~reement which provides, in pa~t, as
follows:
ARTICIJ5/~- POSTING AND FILLING OF VACANCIES OR
NEW PosmoNs
When a vacancy occurs in the Classified Service
for a bargaining unit position or a new
classified position is created in the bargaining
unit, it shall be advertised for at least ten (I0)
working days pr Jar to the established closing
date when advertised within a ministry, or it
shall be advertised for at least fifteen (15)
working days prior to the established closing
date when adver;ised service-wide. All
applications will be acknowledged, Where
practicable, notice of vacancies shall be p~ted
on bulletin boards.
The notice of vacancy shall state, where
applicable, the nature and title o~ position,
salary, qualifications required, the hours-of-
work schedule as set out in Article 7 (Hours of
Work), and the area in which the position
exists.
In filling a vacancy, the Employer shall give
primary consideration to qualifications and
ability to perform the required duties. Where
qualifications and ability are relatively equal,
length of co,~tin~ous service shall be a
consideration.
The three new correctional officer positions posted and filled in keeping with
the ~ore§oin& provisions are not the subject of this [grievance. What this grievance
concerns Js the selection of staff to work within the newly established treatment unit.
Simply put, the position of the grJevor is that the iob assignments within the treatment
unit are vacancies or new positions within the meanin§ of article ~, as a result of
which they should have been posted and fi]led pursuant to the terms of that article.
As noted above, the ~irst position of the ~,mp]oyer Js that the depJo?'ment o~
correctiona! o.f~icers to the treatment uqit is purely a ..m~zter o~ organization and
assignment, which is not arbitrable havin§ regard to the terms of section ~$ of the
Cro~ Employees Collective Bargaining Act which are as ~olio~vs;
I~. {1) Every collective agreement shall be deemed to
provide that it is the exclusive function of the
employer to manage, which function, without
limitin§ the generality of the foregoing, includes the
right to determine,
(a) employment, appointment, complement,
organization, assignment, discipline, dismissal,
suspension, work methods and procedures, kinds
and loc~tior~s o! equipment and cJassification of
positions; and
(b) merit system, training and development,
appraisal and superannuation, the. governing
principles o~ which are subject to review by the
employer with the bargain~n§ agent,
and such matters will not be the subject of collective
bargaining not come wizhin the jurisdiction of a board.
(2) In addition to any other ri§hts of ~rievance under a
collectiv, e agreement, an employee c~ai:ning~
(a) tha~ his position has bcc:~ i~;','~,-opcrly classil[ied;
(b) that he .has been appraised contrary to tl~e
governing principles arid standard,,,; or
(c} that he has been disciplined or dismissed or
suspended from his employment without just
may process such matter in accordance with the grieva~me
procedure provided in the collective agr~t, and failing
final determination under such procedure, the matter r~y
be processed in accordance with :he Drocedure for final
determination applicabte unders_~.-~'ion. I9.
The second position of the Employer, a]so hated a~ove, is that, apart ~ro,,n the
arbi~rability of this matter under ~he Act, The a~mcation of correctiona~ officers to
assignments w~thin the treatment unit does ~ot, in itself, constitute the cr~tion o~ new
positions or the opening of vacancies, a condition precedent to the app~mti~
6 of the collective agreement. In other words, the Employer maintains that the
scheduling assignment of officers to work in the treatment unit is an internal
administrative matter that does not require the posting of these positions,
Employer's submission these assignments could be distributed to co~rectionat officers
who showed a willingness and interest to assume them, aecording to the discretion
management.
In the Board's view this grievance can be disposed enti,rely on the basis of the
application of article four of the collective agreement..Having regard to our conclusion
with respect to that issue, it becomes unnecessary to deal with the competing positions
of the parties with respect to the arbitrability of this dispute in light of the terms of
section 15 of the Crown Employees Collective Bargaining Act. The issue to be
addressed, tl:erefore, is whether the establish:Tremor of :!~e ~rv,~t:ne,~t unit at
and the deptoyrnet~t o[ some 10 corr,~:criona} o~:icer¢ :o worl; ~:~ that area ,~! the Ce~:re
involved the creation of new Dos[lions which rn'.Jst bt' posted and ~Jied in accordance
with Jhe terms o! article ~ of the collective al;recreant. I! the evidence discloses the
mere reassignment o! duties within already existing; positions, the posting procedure
wouJd not apply and the grievance must [ail
%~r. W.3. Cooney, Deputy Superintendent o,' the M]]Jbrook Correctional Centre
gave evidence on beha~! o~ the Employer with respect to the method used to assign
correctional o~icers to the ~reatment u~'t. M~s ev~d~nc~ establishes that notice of the
establishment of the Treatment O~J~ was Dusted ~o t~e attention o~ all sta~ ~ ~u~y
;, 19S~ ~n the ~o]]ow~ng terms:
RI:: I~LLBROOK TREAT~NT UNIT
The iollowing information wil~ provide yo~ with an update on
the Milibrook Treatment Unit. A professiona~ services building
will be constructed prior to the end of March J95~, at the end
of the Medical Wing. A copy of the design has been posted
throughout the Institution. The building will contain seven (7)
oflices ior treatment stali, a boardroom, and a lunchroom.
This building will compliment the existing o~ices irs the
Treatment Wing, some of which will be converted into group
counselling rooms.
The establishment of the Treatment Unit will require the
f ol~owing changes:
- The Detention Wing will be utilized as a Treatment Unit
for the Institution, and tf5 wing will be used ~or
segregation and close confinement purposes.
- A number o~ additional professiona! staff complement have
been approved to 'provide services to the Treatment Unit.
These inctude: one psycholo)~ist (already recruited), one
psychometrist, one social worker, one recreation oificer,
and two nurses (to provide 2~-hour coverage for the
Institution).
Three additional c~assific'd c,~rr._,ctiona~ o,~fict:rs have a)so
been allocated :o provide i:~rr.:ase:~ ::ovc'ra~?. for 1f5
se?,regation and close confiqt::nc'nt
- Existin§ correctional o[[icer ,:,3~nplernent wilt be re-
deployed in order to provide covera§e in f)5 wing and the
Treatment Unit.
- Competitions ~or the ne~ complement are ~n the process
o~ being issued.
Correctional o~icer sta~ing ~or the T~eat~nt Unit
commence in 2anuacy, 1988, by means o~ an internal selection
process, on a voluntary basis.
Appropriate specialized training w~]] be provided ~or
correctional and other sta~ ~'orkin~ in the Treatment
Input ~or the training content ~ilI be invited ~rom sta~.
.&t the present t~me, treatment pro,rams are be~n~ deve]oped
and the Unit wJ~] be ~uI~)' opera~ona~ as soon ~s the add~ona]
st~ are recruited.
The introduction o~ a Treatment Unit wiil better equip
MiHbrook C.C. ~o deal ~ith hard to manage inmates, and is a
part o~ the overall increased dwust by the Ministry to provide
enhanced treatment ~aci]ities and un,ts across the prov~nce.
I~ you have any guestions, please contact me.
"G.B. Pceston"
Superintendent
The evidence establishes that the duties and responsibilities of the correctional
officers who are assi§ned to the Treatment Unit are generally consistent ~ith those
the ~enera] du~y o[~icer rellected in the ~ob description reproduced ~bove. ]n this
respect it can be s~id that the core ~unctions o~ the position o~ the ~enera] duty
o~ficer and ~hose o~ the correctional o~ficer assigned to ~he Treazment Unit are
substantially the s~me. There ~re also some differences. It is not disputed that the
~ssi~nment zo the Treatmen~ Unit does not involve the control and supervision o[ work
parties. 'There are other differences es well Thecorrect~ona~ o~icer ~ss~ned to the
Treatment Unit has a de~ree of inx, olveme~: ..v~:h ~,nat.p~ on t~e love] o~
work. For example, the o[[icer is expe,:ted t,~ atlend perio(t~: meeting, s d,_,,'~in~ w~th
contribute and receive-4n~ormation that ,xqti 3ssist in the overall treatment o~ the
inmates within the specialized unit. It was su~Eested~ without contradic[Jon~ that the
o~f}cer so employed is in the nature of a pri2on guard who, aJbeit to a JimJted degree,
exercises the sensibilities of a social worker. To this end, the fourteen officers who
were se]ected ior the assignment were provided a two-day orientation
con~unction with other professionals and para-pro/ess[onaJs working in the unit, as a
means o~ orientation to the team approach to be
The evidence [urther establishes that three custodial positions within the Centre,
not in the Treatment Unit, have periodically been posted under the terms of ~tide ~ of
the collective agreement. The first of these involves a position as a Driver, the second
as an Assistant Admissions and Discharge Officer and the third as a Correctional Officer
assigned to the minimum security annex located outside the walls o[ the Centre. tt
appears clear to this Board that the duties and responsibilities ol alt three positio~s are
substantially dillerent from those of the General Duty Officer. Indeed, it is not
disputed that separate job specit~ications exist for bo-th the position of Driver and
Assistant Admissions and Discharge Officer, While no comparable document has been
prepared in respect of the Anne]( O[licer~ there appears to be little doubt that it
constitutes a separate position. Given the reduced security ol the Annex, that position
arguably does not in the strictest sense involve the "supervision ol inmates at a
maximum security institution" within the meaning of the posit~on specification of the
General Duty Officer. In this Board's view all three of these positions are clearly
distinguishable from those of the General Duty Officer and, consequently, movement
frmn tt~e latter position into any of these c~,~ fa. irlv bc characterized as a change of
position w:r!~in :he institution.
The parties re~erred the l~oard b.~ a muY~ber of report~'d de,;isions reJa~in/~ ~o
whether a particular assignment constitut~t~ movement to a new or vacant ~t~ ~ ~
to invoke the application pi section ~ of the collective agreement, ~hile the c~ are
o$ limited value inso[ar as they ~urn on the ~acts p~cticu[ar to them, they do con[~rm
the generally accepted a~b~t~a] principle that the ~mp]oyer canno~ avoid the app[Jcati~
pi the job posting provisions of the collective agreement ~)' purporting to reassign
employees to jobs w~thin the same position, ~'hen the assignment involves a clearly
~ ~ ~[~ · .
different bundle of duties and ,~spons.b..,t~es, ~ear~n~ little or no relation to the
. . ~' the ..~L,~ the rotation o~ employees through
position ~rev~ous])' h_zd. By s~me ~,.,
di~[erent types pi assignments within a given position does not necessari[y constitute
transfer to a new or d~[[erent position. For examp]e, in O~SEU (~ Thomp~n) ~d
Cro~ in Right o~ ~tario (~nist~ o~ Tr~s~rtati~ ~d Co~unications [~ [/~, thb
~oard ~ound that the movement pi property agents in the property section pi the
Ministry among three d~st~nct areas o~ service, ~nciud[n~ ]and appraisa[, n~ot)atio~ and
land management did not constitute movement [rom one position to another ~ithin the
meanin~ o~ article ~ o~ the collective a~reement. The Board denied the ~rievor's d~m
that the EmpJoyer's Jajlure to rotate him into the appraisa] section was ~~t to a
denia) o~ an opportunity to b~d on a vacancy, where a less senior agent ~as rotated
ahead oJ him.
In the l~oard's view the Thompso~ grievance is an instructive analogy for the
purposes of the instant case. Given the cc~rnpiex nature pi many endeavours, whether
~ub~ic or private~ the duties and responsibilities that may ~enerally ~a~l w~tt~in a given
position or job ~nav be quite varied. Some :~f th,, dt~t[es may constitute the btl~}< O[ an
broad to ensure an adeqt~ate degree o[ flexi~ili~y a:~d ~nanpower depioymet~t is a critical
employer interest. Boardso[ arbitration have, tt~ere[ore, been reluctant to [ind,~t
clear direction within the terms of a collective agreement or a ~ob descripti~, that any
adjustment in ~he duties o[ an employee ts necessarily tantamount to a change o[
position. The more general approach is to view a ~ob or position as a bundle of duties
and responsibiJities, and [o acknowledge that a new Dos)lion ]s no~ necessarily created
by a minor change in an employee's tasks, particularly where the core function of the
iob remains the same. (See, ~eneraJiy, Children's A~d S~iety of the R~ion¢
Munici~ o~ York ~d ~tario Pubic Service Employees Union ~d its L~al 3g, an
unreported decision oi a board of arbitratio~ cha~red by R.O. ~c~weU, dated February
7, i 926).
Can it be said in the instant case that the adjustment in duties and
responsibilities for those officers assigned ~o the t~eat:ne~t unit cor~stitu~es the creation
of a new position? We think not. The preponderance of the evidence is that the task
assigned to the officers remains, in essence, the general care, control and supervision
of inmates within a maximum security institution in keeping with the general terms
the position specification of the Genera~ Duty Officer. While it is tru~ :ha: the
Correctional Officers selected to work within the treatment unit have a degree of
involvement in a case work approach to ~he care of the inmates concerned, and in ~
instances m~y de~l with inmates more in the style of a social worker than a po]ice~,
the change involved is not so fundamental that they can be said to ~ave been removed
from the duties and responsibilities of ~he General Duty O~ficer and placed into a new
~ob. or [or that matter, a job that was previo.s!v v:~cant. Prior to the chance which
~vns ~mp~e'nent.~d in .-~pril of 1933, thc' ~n:r,;~.:". :~o,v ~:~ ~h~' Trcr.~t~nc'~t i)~t ..~.r:.
treatment are pieced in a designated ;nodal}e, and that the correcti~a} of/Jce~ who deal '
w~th them have, after two days of orie~tation, n d,mree of responsibility re oversee
them in a r~anner consistent ~'ith the genera'. Dh~'.e~.~%y :~ the treatment
not, Of :tse~[,' ' so ...... .-~:~0~_ the duties and resanns~b~t~'~< of "~n. o[s:~cers con.~emed as to
create an entirely di~[erent ~os~t~on. The aersoqs :zss~ne:: to the treatment unit
in the job description wh~c[~ applies to a Rener~~. 4:~v .~Jf[cer :~ a maximum sec,.:r~tv
institution. We cannot conclude, on based on the art. dance before ~he Board, that the
establishment of the treatment unit and the ass]~n:r, ent of correctional of[icem to work
within it constitute the creation o['vacancms or new classi[ied positions tv[thin the
meaning ol article ~ of the collect[va agreement. There was. there[are, no obii~ati~
to post the assignment of correctional of J]cers to the "4J}}broe:: Treatment lin Jr, and
no violation DJ the collective a~raement is disclosed.
For these reasons the grievance must be dismissed.
DATED at Toronto this 20 day of ~arch, 1989,
MicheYG. Picher - V~c~-Cha i rp~rso~
S.R. H,,nnossv, Hember