HomeMy WebLinkAbout2018-0753.Markovic.19-08-01 DecisionCrown Employees
Grievance Settlement
Board
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180 Dundas St. West
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# 2018-0753
UNION# 2018-5112-0053
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Markovic) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE
Gail Misra
Arbitrator
FOR THE UNION
Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Al J. Quinn
Ministry of the Solicitor General
Senior Employee Transition Advisor
HEARING April 18 and July 19, 2019
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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] Aleksandar Markovic is a Correctional Officer at the Toronto South Detention
Centre. Mr. Markovic filed a grievance claiming that although he had rolled over to
full time status on January 29, 2018, by the date of the filing of the grievance on
March 6, 2018, he had not qualified for benefits or the use of sick time. By way of
remedy, the grievor is seeking retroactive pay for the wages lost due to his not
having had access to benefits.
[8] In order to qualify for benefits and paid sick credits, an employee must work for 20
consecutive days without a break prior to implementation of the credits. The grievor
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did not satisfy that requirement until March 13, 2018. There is no dispute that after
that date, the grievor received all credits and benefits to which he was entitled.
[9] After consideration of the facts and submissions in this matter, I am of the view that
the grievance must fail. The grievor had not worked for the requisite number of
consecutive days between January 29 and March 6, 2018 when he filed his
grievance. The grievance was therefore premature, as he had not yet qualified for
receipt of sick credits and benefits. As soon as the 20 consecutive day requirement
was met, the grievor received his entitlement.
[10] For all of the above reasons, this grievance is dismissed.
Dated at Toronto, Ontario this 1st day of August, 2019.
“Gail Misra”
______________________
Gail Misra, Arbitrator