HomeMy WebLinkAbout2016-0300.Wiles.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#2016-0300, 2016-0695, 2016-0696
UNION#2016-0234-0099, 2016-0234-0121, 2016-0234-0122
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Wiles) 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 & November 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. Joe Wiles was a classified Personnel Clerk who applied to for a fixed term
Correctional Officer position. He obtained a leave of absence from that position
and went through the Correctional Officer training. Upon completion he was
accepted as a fixed term CO at Maplehurst Correctional Centre. He filed a
grievance that his status as a Correctional Officer was fixed term and not
classified. He was of the view that his service and seniority as a clerk entitled him
to become a classified CO.
[8] The grievor also applied to be able to hold two positions within the OPS
concurrently. He obtained the permission of the Superintendent and the Regional
Director to hold both positions for a six month period. However, his request was
not supported at the ADM level.
[9] Accordingly, at some point he was told that he must resign one of these positions
in accordance with various policies. At that point he filed a grievance alleging he
should not have been forced to yield his clerk position and another grievance
alleging that the Employer should have paid for all of the cost and expenses
associated with his training for the CO position.
[10] After consideration of the facts and submissions made by the parties, I am of the
view that the three grievances must fail. There is no provision in the Collective
Agreement or in any other agreement that entitles the grievor to be paid for the
CO training. Further, there is no entitlement to “transfer” his service and seniority
as a clerk to his new position as a Correctional Officer. Finally, the Employer is
not obliged to allow the grievor to hold two different positions within the OPS.
While such agreement can be given, it is not enshrined and this Board does not
have the jurisdiction to review such a decision.
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[11] For those reasons, the grievances are denied.
Dated at Toronto, Ontario this 6th day of December 2016.
Felicity D. Briggs, Vice Chair