HomeMy WebLinkAbout2017-1043.da Costa.17-11-06 Decision
Crown Employees
Grievance Settlement
Board
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180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
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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#2017-1043
UNION# 2017-5112-0163
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(da Costa) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Felicity D. Briggs Arbitrator
FOR THE UNION Gregg Gray and Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officers
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 August 27, 2017 and November 1, 2017
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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] Mr. Kevin da Costa is a Correctional Officer working at Toronto South Detention
Centre. He filed a grievance that alleged the Employer has improperly calculated
- 3 -
his Continuous Service Date. It is the grievor’s view that his service and seniority
that he earned while working at Syl Apps should be taken into account for the
purposes of determining his CSD.
[8] The Employer urged that the grievance must be denied because during the period
which the grievor claims should be taken into account he was not a member of the
Ontario Public Service. Indeed, he was the employee of an altogether different
employer. Accordingly, he was not an employee and therefore not entitled to have
that service taken into account for the purposes of his CSD.
[9] Notwithstanding the Union’s submissions on behalf of the grievor, I must agree
with the Employer. There is nothing in Article 18 or elsewhere in the Collective
Agreement that would entitle the grievor to have his seniority and service earned
with another employer to be taken into account in the determination of his CSD.
The grievance is dismissed.
Dated at Toronto, Ontario this 6th day of November 2017.
Felicity D. Briggs, Arbitrator