HomeMy WebLinkAbout2016-0545.Hendriks.16-12-06 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#2016-0545
UNION#2016-0582-0032
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Hendriks) 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 John Wardell
Ontario Public Service Employees Union
Grievance Officers
FOR THE EMPLOYER Greg Gledhill
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING November 3 & 25, 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] Mr. Craig Hendriks is a classified Correctional Officer working at Toronto East
Detention Centre. He grieves that the Employer has violated various provisions
of the Collective Agreement because his “rights have been ignored as my
transfer request for a position at Central East Correctional Centre has not been
approved”. He particularly took issue with the fact that CECC is “hiring new
casual staff and transferring existing casual staff from TEDC to CECC” while
“ignoring my seniority and lateral transfer request”.
[8] Generally speaking, classified CO positions are filled through roll-overs, job
competitions or lateral transfers. According to documents provided, the grievor is
not the most senior on the CECC Lateral Transfer List. The Union did not dispute
this information.
[9] It was also agreed between the parties that some of the fixed term COs have had
their contracts moved from TEDC to CECC. While I appreciate that this might
cause the grievor some frustration, the transfer of fixed term contracts from one
institution to another has no effect on the Lateral Transfer List of classified
Correctional Officers.
[10] Accordingly, the grievance is dismissed.
Dated at Toronto, Ontario this 6th day of December 2016.
Felicity D. Briggs, Vice Chair