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HomeMy WebLinkAbout2017-1020.McGregor.19-08-15 DecisionCrown 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# 2017-1020 UNION# 2017-0368-0206 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (McGregor) 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 January 18 and July 19, 2019 -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 the Solicitor General (then known as 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] Alishia McGregor filed a grievance on June 14, 2017 claiming that the Employer penalized her for performing a developmental position and did not give her an opportunity for a Correctional Officer 2 rollover position at the Central East Correctional Centre (“CECC”) that was posted on May 26, 2017. The grievor claims she is being discriminated against on the basis of her gender since she was in the developmental position as a result of a policy to encourage women. [8] Based on the evidence before me it would appear that the grievor was not in a developmental position, but had applied for and been successful in getting a short -3- term contract as a discharge planner. That position had been posted and was available to anyone who had the requisite qualifications: it was not limited to women. The position was for a term from February 6 to September 11, 2017. Since that time, on November 6, 2017 the grievor has been successful in getting a full time position as a Rehabilitation Officer at CECC. [9] Pursuant to a Memorandum of Agreement (“MOA”) reached between the Union and the CECC on May 8, 2017, there was agreement to rollover three fixed term Correctional Officers (“CO”) from the CECC into regular (classified) service at that institution. The MOA outlined the requirements that a fixed term CO would have to have in order to be considered for the three positions. The Expression of Interest (“EOI”) to be posted was only going to be open to fixed term COs. [10] The EOI was posted on May 26, 2017, with a closing date of June 2, 2017. It stated that the “posting is open to fixed-term (unclassified) Correctional Officers who have been employed and continue to be employed at Central East Correctional Centre for one (1) year prior to the date of the signing of the May 8, 2017 agreement.” At the time of the posting the grievor was not a fixed-term (unclassified) Correctional Officer, and was therefore ineligible to apply for the three rollover CO positions. [11] Having reviewed the submissions of the parties and the evidence before me, the grievance cannot succeed. The grievor had taken a short term contract that removed her from her CO position into that of a discharge planner, and she was therefore not a CO at the time of the May 2017 EOI. As such, she simply did not meet one of the qualifications, and therefore could not be considered for the rollover positions. Had she still been in her CO role, she would have been eligible. There is no evidence that the grievor was discriminated against on the basis of her gender in this instance as the discharge planner posting was not a developmental position for women only. [12] Accordingly, the grievance is denied. Dated at Toronto, Ontario this 15th day of August, 2019. “Gail Misra” ______________________ Gail Misra, Arbitrator