HomeMy WebLinkAbout2016-0196.Legault.16-11-14 Decision
Crown 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#2016-0196
UNION#2016-0234-0080
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Legault) 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
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Greg Gledhill
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING November 3, 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] Terri Legault was a fixed term Correctional Officer at Maplehurst Correctional
Centre. In November 2015, while on a parental leave Ms. Legault applied for a
full time classified position of Senior Staff Development Officer at Bell Cairn.
[3] In October of 2015 she had also heard that the parties would be undertaking a
rollover exercise at MHCC. As is usual practice the Employer asked for an
Expression of Interest. The grievor responded to the EOI and made it known that
she agreed to her posted hours.
[4] On December 31, 2015 the grievor was offered and accepted the position at Bell
Cairn.
[5] The rollovers at MHCC were completed on February 16, 2016. The grievor was
not rolled over and it was this denial that caused the grievor to file a grievance.
[6] After consideration of the submissions of the parties I am of the view that the
grievance must be denied. At the time of the rollovers at MHCC the grievor was
already classified with a home position of Bell Cairn. Accordingly, she was not
eligible for rollover.
- 3 -
[7] Accordingly the grievance must be dismissed.
Dated at Toronto, Ontario this 14th day of November 2016.
Felicity D. Briggs, Vice Chair