HomeMy WebLinkAbout2015-1887.Emanuel.16-06-02 DecisionCrown Employees
Grievance
Settlement Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
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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#2015-1887
UNION#2015-5112-0172
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Emanuel) 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 Dan Sidsworth and Gregg Gray
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Greg Gledhill
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
Linda Elliott
Ministry of Community Safety and
Correctional Services
Employee Transition Coordinator
HEARING March 8, May 9, 2016
- 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
- 3 -
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] Christian Emanuel is a Cook 2 at the Toronto South Detention Centre. He filed a
grievance alleging that he should have been rolled over at the time of the closing
of the Toronto Jail.
[8] According to the Employer, the grievor was a fixed term Cook at the Toronto Jail
whose contract was terminated on November 13, 2010 because he abandoned
his position. Mr. Emanuel was re-hired at the Toronto West Detention Centre as
a fixed term Cook 2 on September 17, 2012.
[9] During October and November of 2013 various Cook 2 vacancies at TWDC,
Toronto Jail and the Toronto Intermittent Centre were identified for roll over
based on criteria agreed upon by the parties. At that time, the grievor was a fixed
term Cook 2 working at TWDC but did not meet the agreed upon criteria for roll-
over. Specifically he did not have the required 2,856 hours of work.
[10] The grievor was offered and accepted a fixed term contract at TWDC as Food
Services Helper as of November 17, 2014.
[11] I am of the view that this grievance must fail. Setting aside the issue of timeliness
raised by the Employer, there is no evidence before this Board that the grievor
qualified for the roll over as agreed by the parties. Grievance denied.
Dated at Toronto, Ontario this 2nd day of June 2016.
Felicity D. Briggs, Vice Chair