HomeMy WebLinkAbout2016-0897.Peters.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#2016-0897
UNION#2015-0708-0014
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Peters) 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] Ms. Julie Peters was a fixed term Correctional Officer at the Thunder Bay Jail
who filed a grievance alleging that the Employer violated the Collective
Agreement because her “conversion from fixed term to full time was
unnecessarily delayed in violation with Appendix 24, COR Appendix 8 and COR
19”.
[8] Considerable documentation was provided from the Union and the Employer
regarding this grievance. A number of roll-overs have occurred at the Thunder
Bay Jail. Like every other institution there was a qualification in the Expression of
Interest that in order to be eligible for roll-over a Correctional Officer must have
been employed at that particular facility for a period of one year as set out in the
agreement of the parties.
[9] The grievor had been working at the Kenora Jail until a transfer of her contract to
the Thunder Bay Jail effective February 11, 2013. Accordingly she was not
entitled to be rolled-over into classified status at the Thunder Bay Jail as the
result of a Memorandum of Agreement signed prior to February 11, 2014
because she had not been with the Thunder Bay Jail for the specified one year
period.
[10] The next roll-over exercise at the TBJ was undertaken as the result of a
Memorandum of Agreement signed by the parties on March 27, 2014. The
grievor was not rolled over into classified status at this time because she had
less hours than others and for that reason she was not eligible.
[11] In September of 2014 the parties agreed to roll-over more fixed term Correctional
Officers at the Thunder Bay jail and that time the grievor had sufficient hours that
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she was eligible. She was rolled over into classified status without any undue
delay.
[12] Accordingly the grievance is dismissed.
Dated at Toronto, Ontario this 7th day of December 2016.
Felicity D. Briggs, Vice Chair