HomeMy WebLinkAbout2019-2577.Reilly.21-10-06 DecisionCrown Employees
Grievance
Settlement Board
Suite 600
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# 2019-2577
UNION# 2020-0678-0002
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Reilly) 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
Ministry of the Solicitor General
Manager, Employee Transition Unit
HEARING July 27, 2021 and October 4, 2021
-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 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] Daniel Reilly is a Correctional Officer (CO) at the Algoma Treatment and Remand
Centre (ATRC). He filed a grievance dated January 9, 2020 disputing the
Employer’s calculation of his Continuous Service Date (CSD).
[8] The grievor started working as a Fixed Term CO on May 27, 2002, and his rollover
date was June 3, 2019. At that juncture his CSD was set at March 31, 2014.
Following the filing of the grievance, the parties have reviewed records regarding all
of grievor’s hours worked. While there are no issues respecting the calculation of
his work weeks prior to 2018, there are issues with the calculation of Mr. Reilly’s
work weeks in 2018 and in 2019.
-3-
[9] Following a review of the records, it is apparent that although the Employer had
calculated the grievor’s hours based on the old collective agreement formula, and
had therefore allocated to him 28.40 work weeks in 2018 and 16 work weeks in
2019, Mr. Reilly should be credited with 45.68 work weeks in 2018 and 20.5 work
weeks in 2019. As such, based on the grievor’s total work weeks from 2011 to 2019,
when he was rolled over, his CSD should be October 27, 2013.
[10] Having considered the facts and submissions of the parties, and for the reasons
outlined above, the Employer is directed to forthwith adjust the grievor’s Continuous
Service Date to October 27, 2013.
Dated at Toronto, Ontario this 6th day of October, 2021.
“Gail Misra”
_________________________
Gail Misra, Arbitrator