HomeMy WebLinkAbout2016-1238.Mitchell.16-12-07 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#2016-1238
UNION#2016-0248-0020
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Mitchell) 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 & 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] The parties signed a Memorandum of Agreement on October 18, 2013 regarding
the closure of the Toronto Jail and the Toronto West Detention Centre. In that
Memorandum it was agreed that three MM3 positions would be made available
Province wide. Further, it was agreed that seven MM2 positions would be made
available as per the lateral transfer list with current salary protection for six
months. The filling of these positions would be done in accordance with seniority.
[8] Mr. Ewan Mitchell is a Maintenance Mechanic who worked as an MM3 at the
Toronto Jail prior to its closing. He filed a grievance alleging that the Employer
incorrectly applied his transition and relocation rights with the result that he was
forced to go to a workplace outside the usual 120 kilometer radius causing him
extensive stress and fatigue.
[9] Mr. Mitchell and others were notified of the impending changes on November 1,
2013. Two weeks later they were told of their various options. The grievor was
told he could be surplussed, take his Article 20 entitlements or – as the result of
an agreement between the parties – he (and other MMs) could work as an MM2
in another facility.
[10] On November 18th, 2013 the grievor signed an election for a lateral transfer to
both an MM3 position and an MM2 position listing – in order or preference – four
institutions at which he would be prepared to work.
[11] The grievor did not get one of the MM3 positions due to insufficient seniority. On
December 5, 2013 he was notified that he was being assigned permanently to
Hamilton Wentworth Detention Centre as an MM2. HWDC was his fourth choice
on the document he signed which said, in part, “I accept a transfer as a MM2
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position at the following institution(s)”. The signed document further states that
he understood “that this selection is final and binding”. (emphasis not mine)
[12] After considering the facts and submissions of this matter I must agree with the
Employer that there has been no violation of the Collective Agreement or any
other agreement between the parties. The grievor – like others – was given the
opportunity to choose from various options and set out where he would accept
work. Hamilton Wentworth Detention Centre was one of his specified facilities
and he was permanently assigned there. That assignment was final and binding
and not incorrectly done.
[13] Accordingly the grievance is dismissed.
Dated at Toronto, Ontario this 7th day of December 2016.
Felicity D. Briggs, Vice Chair