HomeMy WebLinkAbout2015-2328.Kanhai.16-03-29 DecisionCrown Employees
Grievance Settlement
Board
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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#2015-2328
UNION# 2015-0551-0030
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Kanhai) Union
- and -
The Crown in Right of Ontario
(Ministry of Children and Youth Services) Employer
BEFORE Felicity D. Briggs Vice-Chair
FOR THE UNION Indika Chandrasekara and Sandra Harper
Ontario Public Service Employees Union
Grievance Officers
FOR THE EMPLOYER Karen Martin
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING March 8, 2016
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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
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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] Fiona Kanhai is a Probation Officer II in the Ministry of Children and Youth
Services. She filed a grievance that alleged that the Employer violated Article
31A.15.1.1 by failing to convert her to classified status.
[8] It was the grievor’s contention that she had performed to same work in the same
Region for a period in excess of eighteen consecutive months which qualified her
for conversion to classified status as of September 9, 2015.
[9] The Employer urged that this grievance must be dismissed. It noted that on
October 15, 2013, the parties signed a Memorandum of Agreement regarding
Probation Officer Recruitment Process. In that agreement it was stated that all
employees eligible as of the signing date of the MOA would be converted and
that “the entitlements for Probation Officers under 31A.15 shall be waived for the
duration of the current collective agreement.” That agreement was renewed (and
therefore continued) by the parties in the Memorandum of Agreement which was
ultimately signed January 9, 2016 for the renewal Collective Agreement.
[10] It is apparent that the quid pro quo for waiving Article 31A.15 conversion rights of
Probation Officers was the introduction of a process for roll-over to classified
status, similar to that used for Correctional Officers. I of am of the view that such
an agreement between the parties in this environment makes much labour
relations sense. Indeed, it is worth noting that the grievor was rolled over to
classified status as of November of 2015.
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[11] Having found no violation of the Collective Agreement or any other agreement
between the parties, the grievance is dismissed.
Dated at Toronto, Ontario this 29th day of March 2016.
Felicity D. Briggs, Vice Chair