Loading...
HomeMy WebLinkAbout2000-0777.Union Grievance.03-07-17 Decision Crown Employees Commission de ~~ Grievance Settlement reglement des griefs Board des employes de la Couronne ~-,... Suite 600 Bureau 600 Ontario 180 Dundas Sl. West 180 rue Dundas Ouest Toronto Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tel. (416) 326-1388 Fax (416) 326-1396 Telec. (416) 326-1396 GSB# 0777/00 0841/00 UNION# 00U093 00U073 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Umon Gnevance) 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 & Barry Scanlon, MERe Co-Chair Ontano PublIc ServIce Employees Umon FOR THE EMPLOYER LInda EllIott Semor TransItIOn SpecIalIst Mimstry of PublIc Safety and Secunty HEARING July 11 2003 2 DECISION Part A In September of 1996 the MmIstry of CorrectIOnal ServIces notIfied the Umon and employees at a number of provmcIaI correctIOnal mstItutIOns 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 pohcy and mdIvIdual gnevances that alleged vanous breaches of the collectIve agreement mcludmg artIcle 6 and artIcle 31 15 as well as gnevances relatmg to the filhng of correctIOnal officer posItIOns In response to these gnevances the partIes entered mto dIscussIOns and ultImately agreed upon two Memoranda of Settlement concernmg the apphcatIOn of the collectIve agreement dunng the "first phase of the MmIstry's transItIOn" One memorandum, dated May 3, 2000 (heremafter referred to as "MERC I" (MmIstry Employment RelatIOns CommIttee)) outhned condItIons for the correctIOnal officers wIllIe the second, dated July 19,2001 (heremafter referred to as "MERC 2") provIded for the non-correctIOnal officer staff Both agreements were subject to ratIficatIOn by respectIve prmcIples and settled all of the gnevances IdentIfied m the related MERC appendIces, filed up to that pomt m tune WhIle It was agreed m each case that the settlements were "wIthout prejUdICe or precedent to posItIOns eIther the umon or the employer may take on the same Issues m future dIscussIOns", the partIes recogmzed that dIsputes mIght anse regardmg the ImplementatIOn of the memoranda. Accordmgly, they agreed, at Part G, paragraph 8 3 The partIes agree that they wIll request that FehcIty Bnggs, VIce Chair of the Gnevance Settlement Board wIll be seIzed wIth resolvmg any dIsputes that anse from the ImplementatIOn of thIS agreement It IS thIS agreement that provIdes me wIth the jUnSdIctIOn to resolve the outstandmg 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 filhng those posItIOns as they become aVailable throughout varIOUS phases of the restructunng GIven the complexIty and SIze of the task of restnlctunng and decommIssIOmng of mstItutIOns, It IS not surpnsmg that a number of gnevances and dIsputes arose In accordance wIth the MERC Memorandum of Agreement a number of male CorrectIOnal Officers were assIgned to work at the Maplehurst CorrectIOnal Centre m approxImately May of 2002 TheIr letters of assIgnment specIfically hsted theIr new supenntendent as Mr Mousley At the same tIme other CorrectIOnal Officers were assIgned to Maplehurst Complex and had Mr Mousley as well as Ms CybulskI hsted as Supenntendent Those male CorrectIOnal Officers who were assIgned to both supenntendents were ordered to report to the female mstItutIOn effectIve July 7,2003 In that regard, the partIes have agreed to the followmg 1 CorrectIOnal Officers whose assIgnment letters mdIcated that they were to report to Maplehurst Complex and also mdIcated of the name of two supenntendents were properly assIgned m Vamer MIlton m accordance wIth ArtIcle 20 4 2 CorrectIOnal Officers who were temporanly assIgned to the Maplehurst Male Complex are entItled to the prOVISIOns of ArtIcle 13 and ArtIcle 14 of the collectIve agreement for the penod of tune of theIr temporary assIgnments up to and mcludmg July 13, 2003 or untIl the date that they ceased bemg an employee at Vamer MIlton whIchever occurs first 3 The CorrectIOnal Officers referred to m paragraph 2 above shall report to Vamer MIlton effectIve July 21, 2003 4 F ehcIty D Bnggs IS to rem am seIzed m the event of any ImplementatIOn problems Part B On June 3, 2003 the partIes sIgned a Memorandum of Agreement/Settlement concernmg the apphcatIOn of the CollectIve Agreement wIth respect to the process for staff related to the unplementatIOn of the Infrastructure Renewal Plan actIvItIes of the MmIstry as the Impact on the Central RegIOn InstItutIOns In that Memorandum, the partIes agreed to the followmg at paragraph 2 of Part 2 - Movement of AssIgned CorrectIonal Officers from GATU, and MimIco CorrectIOnal Centre to Toronto West DetentIOn Centre The partIes agree that the classIfied CorrectIOnal Officers from MImIco assIgned to TWDC wIll be scheduled for two weeks trammg at TWDC Half (50%) of thIS group of classIfied CorrectIOnal Officers wIll begm theIr trammg June 16,2003, and the other half (50%) wIll begm theIr trammg July 2, 2003 where more than half of the CorrectIOnal officers are mterested m the first stage of trammg, they wIll be assIgned on the basIs of semonty Where there IS an msufficIent number of ehgIble classIfied CorrectIOnal Officers optmg to attend the first stage of trammg, the selectIOn wIll be made m reversed order of semonty 5 As provIded above, half of the group of CorrectIOnal Officers reported for, and receIved, trammg on June 16, 2003 However, for reasons that need not be set out, there were problems wIth the second trammg date As a result, I aIn Issumg the followmg order 1 I find that the Employer has vIOlated Part 2, sectIOn 2 of the Memorandum of Agreement/Settlement, Greater Toronto Area Central RegIOn dated June 3,2003 2 CorrectIOnal Officers from MunICO CorrectIOnal Centre who were scheduled to begm theIr trammg at TWDC on July 2, 2003 but dId not begm theIr trammg at TWDC on that date may begm trammg on July 14, 2003, If they agree 3 The partIes are ordered to meet wItllln ten days of the Issuance of tlllS order to negotIate another date or dates for the trammg of those MImICO CorrectIOnal Officers who were scheduled to begm trammg July 2, 2003 at TWDC but were not tramed on that date and the CorrectIOnal Officers who were scheduled to begm trammg on July 14,2003 but were unable to attend. 4 CorrectIOnal Officers noted m paragraph 2 above who can demonstrate losses or costs resultmg from the above vIOlatIOn shall submIt claims to the MERC unplementatIOn commIttee for dISposItIOn 5 FehcIty D Bnggs remams seIzed of any dIfficultIes ansmg from thIS order