HomeMy WebLinkAbout2006-1251.Parcey.07-05-09 Decision
Commission de
Crown Employees
Grievance Settlement
règlement des griefs
Board
des employés de la
Couronne
Suite 600 Bureau 600
180 Dundas St. West 180, rue Dundas Ouest
Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 Tél. : (416) 326-1388
Fax (416) 326-1396 Téléc. : (416) 326-1396
GSB# 2006-1251
UNION# 2006-0618-0015
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Parcey)
Union
- and -
The Crown in Right of Ontario
(Ministry of Children and Youth Services)
Employer
BEFOREVice-Chair
Barry Stephens
FOR THE UNION
Stephen Giles and Gregg Gray
Grievance Officers
Ontario Public Service Employees Union
FOR THE EMPLOYER Nicholas Sapp and Pauline Barr
Employee Relations Advisors
Ministry of Children and Youth Services
HEARING May 4, 2007
DEADLINE FOR May 8, 2007.
WRITTEN
SUBMISSIONS
2
Decision
INTRODUCTION
The parties held a mediation/arbitration session from May 2 to 4, 2007. The process adopted by
the parties provided for a canvassing of the facts during the mediation phase. In some cases,
where a mediated settlement could not be reached, the parties mutually agreed that arbitration
decisions would be issued in accordance with Article 22.16 of the collective agreement, without
reasons, and without prejudice or precedent. The parties were unable to resolve this matter in
mediation. Accordingly, the matter has been referred to me for a decision.
FACTS
Steven Parcey is an unclassified YSO. In July 2005 he received a transfer on compassionate
grounds from Hamilton-Wentworth Detention Centre (HWDC) to Cecil Facer. In July 2006, the
parties entered into a process to ?roll-over? unclassified employees to classified positions. The
process was jointly administered at the MERC level, according to jointly agreed terms and
conditions. One condition agreed to by the parties was that, in order to be eligible for ?roll-
over?, an employee had to be working in the classification at the institution on April 11, 2004,
and continuously to the date of the ?roll-over? determination. The grievor would have been
eligible had he remained at HWDC. However, the compassionate transfer broke his eligibility,
and he did not qualify at Cecil Facer. The grievor was offered a position at HWDC, but he
declined the offer.
The grievor now argues that, given the compassionate nature of his transfer, it would be
improper to disqualify him from eligibility for a classified position. The employer responds that
3
both the Ministry and the union agreed at the MERC level on the rules with respect to the agreed
eligibility date, and that the date has been jointly enforced.
DECISION
The grievance is dismissed.
th
Dated at Toronto, this 9 day of May, 2007.
Barry Stephens, Vice-Chair