HomeMy WebLinkAbout2019-0669.Jones.21-10-01 Decision-1-
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# 2019-0669
UNION# 2019-0338-0003
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Jones) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE
Gail Misra
Arbitrator
FOR THE UNION
Matthew Hrycyna
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER
Michelle LaButte
Treasury Board Secretariat
Employee Relations Advisor
HEARING March 19, 2021 and July 27, 2021
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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] Glenn Jones was a Probation and Parole Officer in the Barrie office. He filed a
grievance dated April 11, 2019 claiming that the Employer had violated Article 20.7
and Appendix 10 of the collective agreement as well as the Transition Exit Initiative
(TEI) and VEO provisions. By way of remedy, the grievor sought approval of his
Transition Exit Request with full right of choice to negotiate options and an exit date
prior to December 31, 2019, along with any monies owed.
[8] Mr. Jones asserts that on January 4, 2019 he filed an application for the TEI with his
Area Manager, and receipt was verified by Mr. Martin O’Grady. On March 29, 2019
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the grievor was advised by the Assistant Deputy Minister that his TEI request had
not been approved at that time.
[9] The grievor later learned that only one Probation and Parole Officer from his office
location was approved for TEI, and that individual was less senior than the grievor.
As such, he filed this grievance.
[10] Following the filing of the grievance, the grievor had his TEI request granted in
November 2019 in the course of the Youth Justice Modernization process. As such,
following discussions between the grievor and Sandra Harper, Negotiator for the
Union, Mr. Jones verbally agreed to withdraw his grievance as his TEI request had
been granted. By an email dated December 24, 2019, Ms. Harper advised Bart
Nowak, the Manager, Community Safety & Strategic Labour Relations, that Mr.
Jones had agreed to withdraw his TEI grievance.
[11] It would appear that the grievor changed his mind and now claims that he did not
want to withdraw his grievance. While that may be the grievor’s position, the facts
in this case indicate that the grievor received exactly what he had sought in his
grievance since his TEI request was granted and he had the right to negotiate
options and his exit date prior to December 31, 2019. Since by November 2019 Mr.
Jones had his TEI request granted, he had received what he sought in his grievance.
His grievance is therefore moot.
[12] Having considered the facts and submissions of the parties, and for the reasons
outlined above, this grievance is dismissed.
Dated at Toronto, Ontario this 1st day of October, 2021.
“Gail Misra”
_________________________
Gail Misra, Arbitrator