HomeMy WebLinkAbout1999-1124.Dakroub.03-10-31 Decision
Crown Employees Commission de ~~
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
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GSB# 1999-1124
UNION# 99E078
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Dakroub) Grievor
- and -
The Crown In RIght of Ontano
(Mimstry of PublIc Safety and Secunty) Employer
BEFORE FelIcIty D Bnggs Vice-Chair
FOR THE UNION Scott Andrews
Gnevance Officer
Ontano PublIc ServIce Employees Umon
FOR THE EMPLOYER Greg GledhIll
Staff RelatIOns Officer
Mimstry of PublIc Safety and Secunty
HEARING September 29 2003
2
DECISION
In September of 1996 the Mimstry of CorrectIOnal ServIces notIfied the Umon and employees at
a number of provIncIal correctIOnal InstItutIOns that theIr facIlItIes would be closed and/or
restructured over the next few years
On June 6 2000 and June 29 2000 the Umon filed polIcy and IndIVIdual gnevances that alleged
vanous breaches of the collectIve agreement IncludIng artIcle 6 and artIcle 31 15 as well as
gnevances relatIng to the fillIng of correctIOnal officer posItIOns In response to these gnevances
the partIes entered Into dIscussIOns and ultImately agreed upon two Memoranda of Settlement
concernIng the applIcatIOn of the collectIve agreement dunng the "first phase of the Mimstry's
transItIOn" One memorandum, dated May 3 2000 (hereInafter referred to as "MERC 1 "
(Mimstry Employment RelatIOns CommIttee)) outlIned condItIOns for the correctIOnal officers
whIle the second, dated July 19 2001 (hereInafter referred to as "MERC 2") provIded for the
non-correctIOnal officer staff Both agreements were subject to ratIficatIOn by respectIve
pnncIples and settled all of the gnevances IdentIfied In the related MERC appendIces, filed up to
that pOInt In tIme
WhIle It was agreed In each case that the settlements were "wIthout prejUdICe or precedent to
posItIOns eIther the umon or the employer may take on the same Issues In future dIscussIOns" the
partIes recogmzed that dIsputes mIght anse regardIng the ImplementatIOn of the memoranda.
AccordIngly they agreed, at Part G paragraph 8
The partIes agree that they wIll request that FelIcIty Bnggs, Vice Chair of the Gnevance
Settlement Board wIll be seIzed wIth resolvIng any dIsputes that anse from the
ImplementatIOn of thIS agreement.
It IS thIS agreement that provIdes me wIth the jUnSdIctIOn to resolve the outstandIng matters
Both MERC 1 and MERC 2 are lengthy and comprehensIve documents that provIde for the
IdentIficatIOn of vacanCIes and posItIOns and the procedure for fillIng those posItIOns as they
become avaIlable throughout vanous phases of the restructunng. GIven the complexIty and SIze
of the task of restructunng and decommIssIOmng of InstItutIOns, It IS not surpnSIng that a number
of gnevances and dIsputes arose ThIS IS one of the numerous decIsIOns dealIng wIth dIsputes
under the MERC Memoranda of Agreement.
3
Mr Dakroub was an unclassIfied CorrectIOnal Officer who filed a gnevance dated September 3
1999 that stated
In accordance wIth the Memorandum of Settlement dated August 29 1999 It was
establIshed that there was the need to create 13 new posItIOns at Maplehurst Complex to
be offered to converted casuals
By way of remedy the gnevor asked for thIrteen new posItIOns to be added to the eXIstIng
schedule
After heanng the submIssIOns of the partIes I can find no vIOlatIOn of the collectIve agreement.
AccordIngly the gnevance IS demed.
Dated In Toronto thIS 31 st day of October 2003
I r'"
.
;;
Vice-Chair