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Home My WebLink About2002-2095.Union Grievance.04-02-23 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 III 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 StraffRelatIOns Officer Mimstry of Commumty Safety and CorrectIOnal ServIces HEARING November 5 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 I" (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 FehcIty Bnggs, VIce Chair of the Gnevance Settlement Board wIll be seIzed wIth resolvmg any dIsputes that anse from the llnplementatlOn of tlus 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 another of the dIsputes that have ansen under the MERC Memorandum of Settlement. 3 When I was ImtIally InvIted to hear theses transItIOn dIsputes, the partIes agreed that the process to be followed for the determInatIOn of these matters would be vIrtually IdentIcal to that found In 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 the gnevance by medIatIOn, the medIator/arbItrator shall determIne the gnevance by arbItratIOn. When determInIng the gnevance by arbItratIOn, the medIator/arbItrator may lImIt the nature and extent of the eVIdence and may Impose such condItIOns as he or she consIders appropnate The medIator/arbItrator shall gIve a SUCCInct decIsIOn wIthIn five (5) days after completIng proceedIngs, unless the partIes agree otherwIse The MERC ImplementatIOn CommIttee has dealt wIth numerous gnevances and complaInts 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, In accordance wIth my JunsdIctIOn to so determIne that gnevances are to be presented by way of each party presentIng a statement of the facts wIth accompanYIng submIssIOns NotwIthstandIng that some gnevors mIght wIsh to attend and provIde oral eVIdence, to date, thIS process has been efficIent and has allowed the partIes to remaIn relatIvely current wIth dIsputes that anse from the contInuIng transItIOn process Not surpnsIngly In a few Instances there has been some confusIOn about certaIn facts or sImply InSUfficIent detaIl has been provIded. On those occaSIOns I have dIrected the partIes to speak agaIn wIth theIr pnncIples to ascertaIn the facts or the ratIOnale behInd the partIcular outstandIng matter In each case thIS has been done to my satIsfactIOn. It IS essentIal In thIS process to aVOId accumulatIng a backlog of dIsputes The task of resolvIng these Issues In a tImely fashIOn was, from the outset, a formIdable one With ongOIng changes In Mimstenal boundanes and other orgamzatIOnal alteratIOns, the task has lately become larger not smaller It IS for these reasons that the process I have outlIned IS appropnate In these CIrcumstances A dIspute arose In the Sudbury JaIl In the MERC 1 Agreement, sIgned June 16 2003 the partIes agreed to rollover three unclassIfied CorrectIOnal Officers at the Sudbury JaIl Unbeknownst to 4 the transItIOn team at the tIme, on May 12, 2003 the local partIes sIgned an agreement resolvIng a number of gnevances filed by Ray Jones, CorrectIOnal Officer Included In that agreement was a provIsIOn that Mr Jones would be appoInted to the next avaIlable classIfied posItIOn as a CorrectIOnal Officer at the Sudbury JaIl or he would be appoInted to a classIfied posItIOn on January 5 2004 "If a classIfied correctIOnal officer 2 posItIOn has not been IdentIfied" The local partIes also arnved at a sImIlar agreement for Dean Holmes, assIgmng hIm to a classIfied CorrectIOnal Officer posItIOn In July of 2003 after the sIgmng of the June 16 2003 MERC agreement. The Issue before me IS whether the three classIfied CorrectIOnal Officer posItIOns to be rolled over should Include the posItIOns gIven to Mr Jones and Mr Holmes In my VIew there can be no doubt that the number of posItIOns to be rolled over In accordance wIth the MERC Agreement are separate from any actIOn taken by the local partIes Indeed, at page 2 of the MERC Memorandum of Agreement/Settlement sIgned on June 16 2003 It IS stated The partIes agree to the folloWIng settlement of Mimstry Umon polIcy gnevances In part, Umon polIcy gnevances, IndIVIdual and group gnevances, whIch wIll be lIsted and co- sIgned, regardIng ArtIcle 31A15 (ConverSIOns) and ArtIcle 6 (PostIng and fillIng of vacancIes) excepting individual competition grievances, wIth regard to all CorrectIOnal Officer posItIOns at decommI SSI oned/non -decommI SSI omng InstI tUtI ons All such gnevances filed up to the date of sIgmng of thIS Agreement are settled by vIrtue of the Agreement. The partIes wIll lIst these gnevances at AppendIx A and wIll finalIze thIS lIst no later than August 31 2003 (emphasIs mIne) Mr Holmes and Mr Jones filed IndIVIdual competItIOn gnevances whIch the local partIes resolved. The posItIOns they receIved or are about to receIve are not to be consIdered as part of the three posItIOns the transItIOn team agreed would be rolled over Into classIfied posItIOns I understand the Employer's confusIOn arose because the employee wIth the most semonty who would have been the first to be rolled over In accordance wIth the transItIOn agreement would have been Mr Jones However thIS does not alter my VIew of the matter 5 AccordIngly there should be three posItIOns rolled over In the Sudbury JaIl In addItIOn to Mr Holmes and Mr Jones 2004