HomeMy WebLinkAbout2001-0548.Johnson.03-10-28 Decision
Crown Employees Commission de ~~
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
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GSB# 2001-0548
UNION# 01F484
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Johnson) 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 August 12,2003
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 concermng 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.
Stephen Johnson was a CorrectIOnal Officer at Burtch CorrectIOnal Centre He gneved that he
was "wrongfully demed access to compete In the competItIOn at Sprucedale Youth Centre"
In the MERC 1 Memorandum of Agreement at AppendIx D It was stated that the area of search
for Sprucedale posItons were WellIngton, Waterloo and Sprucedale It further stated
The area of search wIll be restncted to classIfied and unclassIfied employees workIng at or
permanently resIdIng wIthIn 40 kms of the worksIte and classIfied and unclassIfied employees
who are permanently employed at the InstItutIOns lIsted In thIS appendIx.
No applIcant wIll be screen out or demed a posItIOn due to lack of mImstry endorsed traInIng In
young offender servIces
3
Burtch CorrectIOnal Centre IS WIthIn forty kIlometers of Sprucedale Mr Johnson claimed that
because he was workIng at an InstItutIOn whIch was wIthIn forty kIlometers of Sprucedale he was
entItled to a posItIOn.
The was no dIspute between the partIes that the above provIsIOn found In the Memorandum of
Settlement means that In order for employees to be entItled to the lIsted posItIOns employees
eIther had to be at Sprucedale or resIdIng wIthIn forty kIlometers of Sprucedale It IS not
sufficIent that Burtch CorrectIOnal Centre was wIthIn forty kIlometers of Sprucedale
AccordIngly the gnevance must be demed.
Dated In Toronto thIS 28th day of October 2003