HomeMy WebLinkAbout2020-2319.Cheriakara.2022-11-07 DecisionCrown Employees
Grievance
Settlement Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
GSB#2020-2319
UNION#2020-5112-0265
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Cheriakara) Union
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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 September 28, 2022 and November 1,
2022
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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 the Solicitor
General as well as the Ministry of Children, Community and Social Services
restructuring initiatives around the Province. Through the MERC (Ministry Employee
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.
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[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] Joseph Cheriakara is a Correctional Officer (CO) at the Toronto South Detention
Centre (TSDC). On November 23, 2020 he filed a grievance claiming breaches of
various provisions of the collective agreement. Mr. Cheriakara asserts that he was
wrongfully told by the Employer that he had to resign from his previous Regular
Service OPS position in order to accept a FXT CO position. This has caused a break
in his service and has thus negatively affected his Continuous Service Date (CSD).
He further claims that many other individuals have been permitted to transition from
an OPS Regular Service position to a CO position and have kept their original CSD
upon being rolled over. The grievor believes he received differential treatment.
[8] On October 28, 2019 the grievor filed essentially the same grievance as is presently
before me. In a decision between these same parties dated September 30, 2020,
(2020 CanLII 74278 (ON GSB)), I outlined the facts regarding Mr. Cheriakara’s
employment history, considered the language of the collective agreement, made
reference to the many decisions that have dealt with similar facts to those in this
grievor’s case, and dismissed the grievance.
[9] By the time Mr. Cheriakara filed the present grievance on November 23, 2020, he
had the benefit of that decision. It appears he does not accept it. However, this issue
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has been decided, the grievor was unsuccessful in his claim, and filing another
grievance about the same issue will not change anything.
[10] Having considered the submissions of the parties, and for the reasons outlined above,
this grievance is hereby dismissed.
Dated at Toronto, Ontario this 7th day of November 2022.
“Gail Misra”
_________________
Gail Misra, Arbitrator