HomeMy WebLinkAbout2002-2095.Union Grievance.04-09-30 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# 2002-2095
UNION# 2002-0999-0028
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 ofCommumty Safety and CorrectIOnal ServIces) 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 Commumty Safety and
CorrectIOnal ServIces
HEARING September 22, 2004
2
DeCISIon
In September of 1996 the MmIstry of CorrectIOnal ServIces notIfied the
UnIon 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 UnIon 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 1" (MmIstry Employment RelatIOns CommIttee)) outlmed
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 tnne The partIes
contmued to negotIate and agree upon further condItIons regardmg the
transItIOn matters MERC 3 was sIgned by the partIes on Febnmry 25,
2002
Wl1Ile It was agreed m each case that the settlements were "wIthout
prejUdICe or precedent to posItIOns eIther the UnIon or the employer may
3
take on the same Issues m future dIscussIOns", the partIes recognIzed 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 arIse from the nnplementatIOn of tlllS
agreement
It IS tlllS 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
vanous phases of the restructunng GIven the complexIty and SIze of the
task of restructunng and decommISSIOnIng of mstItutIOns, It IS not
surpnsmg that a number of gnevances and dIsputes arose ThIS IS
another of the dIsputes that have ansen under the MERC Memorandum
of Settlement
Wilen I was mItIally mVIted to hear theses transItIOn dIsputes, the partIes
agreed that process to be followed for the detennmatIOn of these matters
would be vIrtually IdentIcal to that found m ArtIcle 22 16 2 whIch states
The mediator/arbItrator shall endeavour to assIst the partIes to
settle the gnevance by mediatIOn If the partIes are unable to settle
4
the gnevance by mediatIOn, the mediator / arb 1 trator shall
determme the gnevance by arbItratIOn Wllen determmmg the
gnevance by arbItratIOn, the mediator/arbItrator may hmIt the
nature and extent of the eVIdence and may Impose such condItIons
as he or she consIders appropnate The mediator/arbItrator shall
gIve a succmct decIsIOn wItllln five (5) days after completmg
proceedmgs, unless the partIes agree otherWIse
The transItIOn commIttee has dealt wIth dozens of gnevances and
complamts pnor to the mediatIOn/arbItratIOn process There have been
many other gnevances and Issues raised before me that I have eIther
assIsted the partIes to resolve or arbItrated. However, there are stIll a
large number that have yet to be dealt wIth It IS because of the vast
numbers of gnevances that I have decIded, m accordance wIth my
jUnSdIctIOn to so determme, that gnevances are to be presented by way
of each party presentmg a statement of the facts wIth accompanymg
submIssIOns NotwIthstandmg that some gnevors mIght wIsh to attend
and provIde oral eVIdence, to date, thIS process has been efficIent and
has allowed the partIes to remam relatIvely current wIth dIsputes that
anse from the contmumg transItIOn process
Not surpnsmgly, m a few mstances there has been some confusIOn about
the certam facts or sImply msufficIent detail has been provIded On those
occaSIOns I have dIrected the partIes to speak agam wIth theIr prmcIples
to ascertam the facts or the ratIOnale behmd the partIcular outstandmg
matter In each case tlllS has been done to my satIsfactIOn
5
It IS essentIal m thIS process to aVOId accumulatmg a backlog of dIsputes
The task of resolvmg these Issues m a tImely faslllon was, from the
outset, a fonnIdable one WIth ongomg changes m MinIstenal
boundanes and other organIzatIOnal alteratIOns, the task has lately
become larger, not smaller It IS for these reasons that the process I have
outhned IS appropnate m these CIrcumstances
The Issue of roll overs at the Maplehurst Complex came before me for
detennmatIOn It IS not necessary to reVIew the eVIdence m tlllS regard.
Havmg revIewed the submIssIOns of the partIes I order that the Employer
fill twenty four (24) classIfied CorrectIOnal Officer posItIOns at the
Maplehurst Complex through the process agreed to by the partIes m the
June 16, 2003 Agreements
Dated m Toronto tlllS 30th day of September, 2004
F ehcIty D Bnggs