HomeMy WebLinkAbout2022-11453.Union.24-03-04 Decision
Crown 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# 2022-11453
UNION# 2022-0108-0398
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Union) 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
Ministry of the Solicitor General
Manager, Labour Strategy & Employee Transition
HEARING December 8, 2023 and February 28, 2024
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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.
[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] On December 13, 2022 the Local Union filed a Union grievance claiming that the
Elgin-Middlesex Detention Centre (“EMDC”) had violated various provisions of the
collective agreement by failing to post and fill existing vacancies, and/or to “roll over”
employees into positions at that institution. By way of remedy, the Union sought to
have the Employer directed to post and fill all existing vacancies and to roll over
employees into positions in accordance with the collective agreement.
[8] The Employer submits that at around that time, during the COVID-19 pandemic, the
Elgin-Middlesex Regional Intermittent Centre (“RIC”) was closed, reducing the
EMDC complement by approximately 18 Correctional Officer (“CO”) positions. As
those COs had to be absorbed into other positions, the Union and Employer had
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agreed that the Employer would try to fill current vacancies with the displaced
individuals wherever possible. That was the reason that the EMDC appeared to
have vacancies at the time while the process to relocate the RIC staff was
undertaken.
[9] Since the filing of the grievance there have been two Memoranda of Agreement
(“MOA”) reached between the parties to engage the rollover process at EMDC. The
first MOA dated December 22, 2022, resulted in the rollover of three fixed-term COs
into the regular service effective January 23, 2023. The second MOA dated June
16, 2023 resulted in the rollover of nine fixed-term COs into regular service effective
July 10, 2023.
[10] Having heard the submissions of the parties and reviewed the evidence before me,
I find that there was a valid reason for holding vacancies open at the time, and since
December 2022, when the grievance was filed, the Employer and Union have
engaged in the rollover process as needed to fill vacancies at EMDC.
[11] For the reasons outlined above, the grievance is hereby dismissed.
Dated at Toronto, Ontario this 4th day of March 2024.
“Gail Misra”
Gail Misra, Arbitrator