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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