HomeMy WebLinkAbout2000-0927.Hughes et al.03-10-29 Decision
Crown Employees Commission de ~~
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
~-,...
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GSB# 2000-0927 2000-1475 2000-1476 2000-1477 2000-1632,2000-1633 2001-0027
UNION# 00E680 01A080 01A081 01A082,01A206 01A207 01A379
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Hughes et al ) 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 5 2003
2
DECISION
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 whIle 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
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 unplementatIOn of tlllS agreement
It IS tlllS agreement that provIdes me wIth the jUnSdIctIOn to resolve the outstandmg
matters
3
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 restructunng and
decommIssIOmng of mstItutIOns, It IS not surpnsmg that a number of gnevances
and dIsputes arose ThIS IS a further decIsIOn deahng wIth some of the dIsputes that
have arIsen under the MERC Memoranda of Settlement
SImIlar to the process utIhzed for earher decIsIOns regardmg these transItIOn
matters, the partIes attended at an arbItratIOn hearmg and provIded facts and
submIssIOns concernmg the outstandmg Issues In large measure the facts were m
agreement and It was not necessary to call eVIdence
Gnevances were filed by C Culver, S Ireland, J MIsener, M. SIlva, B Zdumch as
well as two Group Gnevances Each of these gnevances were filed eIther at the
end of 2000 or m the first two months of 2001 WhIle the statement of the
gnevance vanes somewhat, generally speakmg each allege that the MmIstry has,
by electmg to close ItS facIhty at Burtch CorrectIOnal Centre, dIscnmmated agamst
the employees because of antI-umon ammus It was also asserted by the gnevors
that theIr workplace was chosen for closure because of perceIved attendance
problems wItllln the Centre
There was a lengthy decIsIOn by VIce Chair RIchard Brown determmmg vanous
matters regardmg the RFP process at Burtch CorrectIOnal Centre It IS not m the
mterest of the partIes to reVIsIt any or those Issues It IS sufficIent for me to mdIcate
that assertIOns of dIscnmmatIOn were dIsposed of m that decIsIOn
4
Accordmgly, the gnevances must be dIsmIssed
VIce-Chair