HomeMy WebLinkAbout2016-0871.Holwell.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#2016-0871
UNION#2016-0234-0136
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Holwell) 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] Pauline Holwell was Correctional Officer at Vanier Centre for women. On April 8,
2008 she resigned her position as a classified CO effective April 30, 2008. At the
same time she had made arrangements to begin employment at VCW as an
Unclassified CO effective May 5, 2008. This change in status was confirmed in a
letter from the Employer dated April 14, 2008.
[8] In February of 2016, the grievor was rolled over into classified stated in
accordance with a Memorandum of Agreement dated February 4, 2016. On June
28, 2016 Ms. Holwell filed a grievance that alleged her continuous service date
was incorrect. It was the grievor’s view that she should have been given full
recognition for her service as the result of having been “with the Ministry of
Correctional Services on April 1990 with no break in service.”
[9] It was the grievor’s contention that she resigned her position in 2008 for personal
reasons relating to her family. She is of the view that she should have been
accommodated and would have asked for an accommodation at the time had
she known that she was so entitled.
[10] The Employer noted that the grievor had a break in her classified service and
therefore there has been no violation of the Collective Agreement or any other
MERC agreement. The Employer further stated that it had no idea at the time of
any need for a family status accommodation for Ms. Holwell. However, it was
suggested that given that the grievor had been accommodated for other reasons
during that time, it was unlikely that she was unaware of her rights.
[11] The grievor also relied upon the fact that there are some Correctional Officers
who were given consideration in full or in part for their past service. The
Employer responded that any individuals who received such treatment obtained
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such as the result of their having been surplussed and then returned after having
paid back their severance.
[12] After hearing the facts and submissions of the parties I must agree with the
Employer’s position and this grievance must fail. The grievor did not ask for a
family status accommodation at the time and so cannot – some eight years after
the fact – rely on the fact that she was having personal family difficulties to
withdraw her resignation. Further, the fact that others may have gotten
recognition of past service for whatever reason does not mean that there has
been a violation of the Collective Agreement as it relates to the grievor. Finally,
as previously decided in Re Ministry of Public Safety & Security & OPSEU
(Union) GSB#2002-2095 (Briggs), “none of the seniority accumulated during the
employee’s earlier unclassified or classified service would be taken into account
because the employee resigned…”
[13] For those reasons, the grievance is dismissed.
Dated at Toronto, Ontario this 7th day of December 2016.
Felicity D. Briggs, Vice Chair