HomeMy WebLinkAbout2016-1093 Atandi 17-09-11 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2016-1093
UNION# 2016-0424-0003
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Atandi) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Felicity D. Briggs Arbitrator
FOR THE UNION Alison Neilson-Jones
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Greg Gledhill
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARINGS July 11, 2017 and August 28, 2017
- 2 -
Decision
[1] Since the spring of 2000 the Since the spring of 2000 the parties have been
meeting regularly to address matters of mutual interest which have arisen as the
result of the Ministry of Community Safety and Correctional Services as well as the
Ministry of Children and Youth Services restructuring initiatives around the
Province. Through the MERC (Ministry Employment Relations Committee) a
subcommittee was established to deal with issues arising from the transition
process. The parties have negotiated a series of MERC agreements setting out
the process for how organizational changes will unfold for Correctional and Youth
Services staff and for non-Correctional and non-Youth Services staff.
[2] The parties agreed that this Board would remain seized of all issues that arise
through this process and it is this agreement that provides me the jurisdiction to
resolve the outstanding matters.
[3] Over the years as some institutions and/or youth centres decommissioned or
reduced in size others were built or expanded. The parties have made efforts to
identify vacancies and positions and the procedures for the filling of those positions
as they become available.
[4] The parties have also negotiated a number of agreements that provide for the “roll-
over” of fixed term staff to regular (classified) employee status.
[5] Hundreds of grievances have been filed as the result of the many changes that
have taken place at provincial institutions. The transition subcommittee has, with
the assistance of this Board, mediated numerous disputes. Others have come
before this Board for disposition.
[6] It was determined by this Board at the outset that the process for these disputes
would be somewhat more expedient. To that end, grievances are presented by
way of statements of fact and succinct submissions. On occasion clarification has
been sought from grievors and institutional managers at the request of the Board.
This process has served the parties well. The decisions are without prejudice but
attempt to provide guidance for future disputes.
[7] Rose Yvonne Atandi is a Probation & Parole Officer who filed a grievance that
alleged that the Employer has miscalculated her Continuous Service Date.
- 3 -
[8] Ms. Atandi was first classified in 2006 and worked in the Ministry of Government
Services for four years. She was then seconded to work as a Probation and Parole
Officer in 2010. In early 2014 she was informed that her secondment was to end
and she had to elect either to return to MGS or become a fixed term P & P Officer.
[9] According to the grievor’s WIN Employee Action Request form she “was a
permanent employee with MGS/Toronto but had to resign from that position
effective March 31, 2014 to remain in her current position as a Probation/Parole
Officer in Ottawa. She is now an UNCLASSIFIED employee at Ottawa East P&P
until February 28, 2015.” (emphasis not mine)
[10] The grievor signed that form noting that she recognized she was “not a regular
employee.”
[11] In April of 2016 Ms. Atandi was rolled over into a classified P&P position. She is of
the view that there was no break in her service and that all of her time working in
the OPS should be taken in account for the purposes of her CSD. The Union urged
that in accordance with Article 18.1 of the Collective Agreement there has been no
break in service.
[12] According to Article 18.4 of the Collective Agreement, continuous service is
deemed to have terminated if “an employee resigns or retires”. The grievor elected
to resign her position with MGS in order to continue her work as a P&P officer.
That break in service leaves the Board with no option but to deny the grievance.
Dated at Toronto, Ontario this 11th day of September 2017.
Felicity D. Briggs, Arbitrator