HomeMy WebLinkAbout2016-2936 Haarink 17-09-11 Decision
Crown Employees
Grievance Settlement
Board
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Toronto, Ontario M5G 1Z8
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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#2016-2936
UNION# 2017-5112-0042
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Haarink) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Felicity D. Briggs Arbitrator
FOR THE UNION Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Greg Gledhill
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
Al. J. Quinn
Ministry of Community Safety and
Correctional Services
Senior Employee Transition Advisor
HEARINGS July 11, 2017 and August 28, 2017
- 2 -
Decision
[1] 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] Lisa Haarink filed a grievance that alleged she was improperly denied a roll-over
at the Toronto South Detention Centre.
- 3 -
[8] In January of 2017 the parties agreed to roll over thirty fixed term officers into
classified status. As usual when this occurs, the Employer’s Transition Unit issued
an Expression of Interest to be posted to enable interested Correctional Officers
to apply. The EOI was posted in the workplace from February 3, until February 10,
2017. It stated that applicants who are entitled to apply “have been employed and
continue to be employed at TSDC for one year prior to the date of the signing of
this agreement.”
[9] At the time the grievor applied for one of the roll-over positions she was a fixed
term employee with another ministry. It was the Employer’s contention that as a
result of this arrangement Ms. Haarink was not a Correctional Officer at the time
of her application and therefore was not entitled to apply.
[10] The Union noted that the grievor’s employment had not ceased and therefore she
continued to be a Correctional Officer and therefore should have been rolled over.
[11] After consideration I am of the view that the grievance must be dismissed. The EOI
specifically states that applicants must be employed “and continue to be employed”
for one year prior to the date of the signing of the MERC agreement. The grievor
was not employed as a Correctional Officer at TSDC at the time of the rollover
exercise. She was employed in another classification with another ministry.
Dated at Toronto, Ontario this 11th day of September 2017.
Felicity D. Briggs, Arbitrator