HomeMy WebLinkAbout2003-0329.Holwell et al.03-10-31 Decision
Crown Employees Commission de ~~
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
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GSB# 2003-0329
UNION# 2003-0517-0007
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Holwell 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 29 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.
3
Ms PaulIne HolwellIs one of sIxteen CorrectIOnal Officers at Metro Toronto West DetentIOn
Centre who filed a group gnevance Those CorrectIOnal Officers alleged that the Employer faIled
to follow the semonty provIsIOns of the MERC agreement regardIng the transfer of Inmates and
staff to the Women's InstItutIOn In Milton. By way of remedy she asked to be transferred
forthwIth and paid travel tIme and mIleage retroactIve to January 20 2003 ThIS gnevance was a
group gnevance and fifteen other correctIOnal officers were Included.
Ms Holwell was offered a posItIOn at the Women's InstItutIOn In Milton and she accepted. It was
subsequently determIned to close Vamer Centre for Women In Brampton and a decIsIOn was
made to offer those employees, some of whom were Jumor to the gnevor posItIOns at the
Women's InstItutIOn In Milton.
MERC 1 Memorandum of Agreement provIdes for these posItIOns to be offered to employees at
specIfied InstItutIOns Once filled, the remaInIng posItIOns were offered to the most semor of
those remaInIng who dId not yet have an assIgnment.
Upon a reVIew of the Memorandum I can find nothIng regardIng that would have oblIged the
Employer to assIgn the gnevors to begIn work at the Women's InstItutIOn In Milton pnor to
those employees from Vamer Centre for Women at Brampton. AccordIngly the gnevances are
demed.
Dated In Toronto thIS 31 st day of October 2003
I
Vice-ChaIr