HomeMy WebLinkAbout2022-11576.Tyrell.24-05-31 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# 2022-11576
UNION# 2022-5112-0449
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Tyrell) 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
Labour Strategy & Employee Transition
Manager
HEARING February 28 and May 30, 2024
-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
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] Janet Tyrell is a Fixed-Term (“FXT”) Cleaner at the Toronto South Detention Centre
(“TSDC”). She started working at the TSDC in March 2020. On December 19, 2022,
Ms. Tyrell filed a grievance claiming a breach of various articles of the collective
agreement. The grievor claims that since the commencement of her employment
the Employer has not given her 1.25 attendance credits for each month of full
attendance. As a result, the grievor claims that she had unpaid absences which
should have been covered by attendance credits, causing her to lose more than 29
hours of attendance. Ms. Tyrell further claims that as a result of this discrepancy,
she missed a rollover into the regular service by 29 hours. By way of remedy the
grievor seeks “full redress”.
-3 -
[8] The Employer provided the Union with a complete record of all the grievor’s hours
since Ms. Tyrell was hired. I have been provided with the records in this regard.
Having reviewed the documents, it is apparent that the grievor used a total of 5.75
hours of sick time for which she was not paid. This is comprised of 30 minutes on
June 27, 2022 and 5.25 hours on March 13, 2023, but the grievor was not credited
with this time due to an error in the calculation of Ms. Tyrell’s attendance credits.
[9] Having considered the evidence and the submissions of the parties, I direct that the
Employer forthwith credit the grievor’s total accumulation of straight time hours
worked with an additional 5.75 hours. I also direct the Employer to review the
grievor’s records and compensate her, if necessary, for the 5.75 hours.
[10] I will remain seized in the event that there are any issues arising out of the
implementation of this award.
Dated at Toronto, Ontario this 31st day of May, 2024
“Gail Misra”
Gail Misra, Arbitrator