HomeMy WebLinkAbout2019-1981.Bent.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# 2019-1981
UNION# 2019-5112-0221
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Bent) 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] Melissa Bent is a Correctional Officer (CO) at the Toronto South Detention Centre
(TSDC). She filed a grievance dated October 15, 2019 disputing the Employer’s
calculation of her Continuous Service Date (CSD).
[8] Ms. Bent started working as a Fixed Term CO on June 8, 1998, and her rollover date
was November 11, 2002. It would appear that at the time of her conversion to
permanent status, the grievor had disputed her CSD. The Employer had therefore
reviewed all of her hours worked, and as a result, had corrected Ms. Bent’s CSD to
reflect the date of September 30, 1999. That correction was made in 2003. The
-3-
grievor may not have been advised of the change being made, but it would have
been obvious from a review of her WIN record.
[9] The present grievance was not filed until 2019. The Employer has raised a
timeliness issue regarding the filing of the grievance. However, in any event, the
grievor has not provided any documentation to support a finding that there were
hours missing from the Employer’s recalculation of her CSD. In addition, the
Employer had documentation to support the CSD that the grievor was given in 2003.
[10] 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