HomeMy WebLinkAbout2019-1704.Dutrisac.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# 2019-1704
UNION# 2019-0411-0008
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Dutrisac) 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
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] Veronique Dutrisac is a Fixed Term Corrections Officer (FXT CO) at the Ottawa
Carleton Detention Centre (OCDC). She filed a grievance dated August 7, 2019
essentially claiming that the Employer has breached various provisions of the
collective agreement and improperly calculated her Appendix COR24 seniority. The
grievor is seeking to receive credit for all time she worked in the broader public
service included in the accumulation of her hours of service.
[8] The grievor had worked at the Hayes Youth Centre, and at the City of Ottawa prior
to taking a FXT contract as a CO at the OCDC. Neither the Hayes Youth Centre nor
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the City of Ottawa are part of the Ontario Public Service, and as such, any time that
the grievor may have worked for those employers cannot be considered as part of
her hours worked within the Ontario Public Service for the purposes of Appendix
COR24.
[9] 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