HomeMy WebLinkAbout2020-1234.Balazs.2022-11-08 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#2020-1234; 2021-1677
UNION#2020-0229-0048; 2021-0229-0066
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Balazs) 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 September 28, 2022 and November 1,
2022
- 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 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
- 3 -
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] Thomas Balazs is a Correctional Officer at the Ontario Correctional Institute (OCI) in
Brampton. On July 9, 2020 he filed Grievance No. 2020-0229-0048 claiming
breaches of various provisions of the collective agreement as Mr. Balazs stated that
the Employer was denying his claim for kilometric rate reimbursement after he had
attended OCI on May 15, 2020 to collect work items required for his temporary
relocation to Central North Correctional Centre (CNCC) in Penetanguishene.
[8] On August 31, 2021 Mr. Balazs filed Grievance No. 2021-0229-0066 alleging that the
Employer had breached various provisions of the collective agreement by failing to
provide him with compensation equal to his colleagues during the temporary closure
of OCI, and while he was working at CNCC. In particular, the grievor is claiming meal
allowances, travel time, kilometric rates, and other related expenses during his
temporary relocation, which he claims were set out in Memoranda of Agreements
dated May 1 and May 21, 2020.
- 4 -
[9] In and around April 2020 there was a COVID-19 outbreak at OCI. Given the severity
of the situation, the Employer determined to temporarily close the facility and move
all the inmates to the Toronto South Detention Centre. Pursuant to a later decision,
the inmates were moved again, this time to Maplehurst Correctional Complex
(MHCC) in Milton, and the Employer determined that OCI staff should follow their
work and temporarily relocate to MHCC. On May 1, 2020 the Union and Employer
reached a Memorandum of Agreement (MOA) to govern the entitlements of those
employees impacted for the duration of the temporary closure of the OCI.
[10] Pursuant to the MOA, in section 7, OCI staff (whether FXT or Regular) were offered
a time limited opportunity to indicate their interest in a temporary relocation to other
institutions. At section 7(3) it stated:
3. Expenses for travel, meals, and accommodation will not be reimbursed for
Temporary relocation initiated by an employee
[11] Mr. Balazs lives in Barrie. In accordance with the terms of the MOA, he sought
temporary relocation to CNCC in Penetanguishene, and was granted his request. He
therefore had no right to any claims for travel, meals, or any other expenses related
to his temporary relocation to CNCC.
[12] Had he wished to do so, the grievor had the automatic right to follow his work with the
OCI inmates to MHCC when they were temporarily relocated to that institution.
According to section 4(1) of the MOA, the parties had agreed that during the period
of the temporary closure of OCI and relocation to MHCC, “all expenses for travel,
kilometric rates and meals would be reimbursed in accordance with the OPS Travel,
- 5 -
Meals and Hospitality Directive and OPSEU Correctional Bargaining Unit Collective
Agreement”. Thus, had the grievor moved with his work to MHCC, he would have
been entitled to these expenses. He did not follow his work: instead he asked for the
temporary relocation to work at CNCC, and was therefore not entitled to the expense
claims he makes in his second grievance.
[13] If any relocated employee had to return to OCI to retrieve their personal effects and
PPE, the Employer advised on how that was to be handled. In that instance, those
who had relocated to MHCC were allowed duty time to go and retrieve their personal
effects. They did not get additional mileage or meal allowances to attend at OCI.
However, Mr. Balazs, who is a classified CO, had to make a special arrangement with
his manager at CNCC as to how his retrieval of his items would be managed. The
grievor was given both duty time and a Ministry vehicle to travel to OCI and return to
CNCC. As such, he in fact received more than did his colleagues who had relocated
to MHCC, as they did not get a Ministry vehicle for their travel to collect their personal
belongings.
[14] Having considered the submissions of the parties, and for the reasons outlined above,
these two grievances are hereby dismissed.
Dated at Toronto, Ontario this 8th day of November 2022.
“Gail Misra”
_________________
Gail Misra, Arbitrator