HomeMy WebLinkAbout2017-1166.McCandless.17-11-06 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#2017-1166
UNION# 2017-0617-0021
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(McCandless) 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
- 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] Ms. Trace McCandless began working as a cook at the Sudbury Jail in 1998. She
wanted to become a Correctional Officer and was ultimately successful after
- 3 -
training at Bell Cairn. She resigned as a cook when her training was complete and
began her work as a fixed term CO in 2011. After she was rolled over into regular
full time she was informed that her Continuous Service Date is April 18, 2011. She
is of the view that her previous service as a cook should be taken into account for
the purposes of her CSD.
[8] This Board has most recently dealt with this matter in Re MCSCS-OPSEU (Atandi)
2016-1093. In that decision the same argument was put forward by the grievor
This Board said the following:
• 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.
• 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.
[9] For the same reasons, this grievance is denied.
Dated at Toronto, Ontario this 6th day of November 2017.
Felicity D. Briggs, Arbitrator