HomeMy WebLinkAbout2016-1220.Ferneyhough.17-02-06 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#2016-1220
UNION#2016-5112-0091
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Ferneyhough) 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 25, 2016; February 3, 2017
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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. Robert Ferneyhough is a Correctional Officer at Toronto South Detention
Centre who filed a grievance that alleges the Employer has violated the Collective
Agreement by failing to recognize his past service with other Ministries for the
purpose of his Continuous Service Date (“CSD”).
[8] The grievor worked as a fixed term employee with the Ministry of Natural
Resources from June 22, 2012 until September of 2012. He was next hired into the
OPS on a fixed term with MCSCS on December 16, 2013. He continued in that
capacity until the fall of 2016.
[9] On September 8, 2016 the parties signed a Memorandum of Agreement outlining
the roll-over of twenty-five Correctional Officers. An Expression of Interest was
posted and after responding to the EOI, the grievor was rolled over into classified
status as of September 26, 2016.
[10] The grievor was of the view that his service with MNR should count toward his
CSD. It was urged that Article 16.5.2 of the Collective Agreement provides that
right. The Employer contended that because there was more than a thirteen week
period between the end of his fixed term contract with MNR and the beginning of
his fixed term contract with MCSCS, there is no entitlement to have his previous
service taken into account for the purposes of CSD.
[11] After consideration, I am of the view that the Employer’s position must prevail.
Indeed, this decision is in line with a number of previous decisions regarding the
same issue. It is my view that the approximate fifteen month break in service
between the grievor’s employment with MNR and MCSCS leads to a dismissal of
the grievance. Such a break cannot be considered “continuous” for the purposes of
CSD.
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[12] Accordingly, the grievance is denied.
Dated at Toronto, Ontario this 6th day of February 2017.
Felicity D. Briggs