HomeMy WebLinkAbout1999-0022.Walker et al.01-06-18 DecisionONTARIO EMPLOYÉS DE LA COURONNE
CROWN EMPLOYEES DE L’ONTARIO
GRIEVANCE COMMISSION DE
SETTLEMENT RÈGLEMENT
BOARD DES GRIEFS
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OPSEU#99A280, 99C424, 99C691, 99C842, 99C843
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Walker, Ward, Duncan, Beaul, Cassibo)
Grievor
-and-
The Crown in Right of Ontario
(Ministry of Correctional Services)
Employer
BEFORE Felicity D. Briggs Vice-Chair
FOR THE GRIEVOR Mary Anne Kuntz
Grievance Officer
Ontario Public Service Employees Union
FOR THE EMPLOYER Meredith Brown, Counsel
Legal Services Branch
Management Board Secretariat
HEARING May 9 and 10, 2001.
DECISION
On August 26, 1998, the Ministry of the Solicitor General and Correctional Services and
the Union signed a Memorandum of Settlement and Release regarding the conversion of
unclassified employees. This agreement followed a lengthy and complicated negotiation
process. It stated:
The Employer and The Union hereto agree that the following constitutes
full and final settlement of the above noted Union Policy Grievances and
the attached grievances listed in Appendix A.
The parties agree that the grievors listed in Appendix A retain the right to
proceed to the Grievance Settlement Board for a determination as to
whether or not the provisions as set out in this Memorandum of Settlement
and the calculation of hours have been appropriately applied to them.
The parties agree that the grievors listed in Appendix A positions retain
the right to proceed to the Grievance Settlement Board for a determination
as to whether or not the 2 calendar year period as defined in the
Memorandum of Settlement is the appropriate period to be applied to them
for the purpose of determining their eligibility for assignment to a newly
created classified position.
Article 31.15 - Unclassified Institutional Workers (Correctional
Officers, Nurses, Cooks), Correctional Services Division
Recognizing the difficulties in identifying the specific employees
backfilling for specific purposes, and acknowledging the extraordinary
circumstances currently in place because of the decisions to hold
vacancies to ease the impact on individuals of the significant workforce
reductions in the institutions, the parties agree to the following to correct
the existing situation, but without precedent or prejudice to future
applications of this or subsequent provisions of the Collective Agreement
respecting the conversion of unclassified employees to classified status.
Acknowledging that the employer has undertaken a change in its own
policy to immediately fill all existing ongoing institutional management
vacancies as quickly as possible but not later than 6 months from the
signing of this agreement, the parties agree to the following:
1. The employer agrees to calculate the total number of unclassified
employees’ hours, by class, in each institution for the period June
1, 1996 to May 31, 1998. The total number of unclassified hours
will include periods of authorized leave of unclassified employees
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and total hours will include any hours which generated premium
pay combined with regular hours for unclassified employees
provided these hours do not exceed 80 hours within a given pay
period.
2. The employer will also calculate the total number of hours for
approved leaves for classified employees by the same classes in
each institution during the period from June 1, 1996 to May 31,
1998.
3. The difference between the total number of unclassified hours and
the total number of approved leave hours for classified employees
divided by 1912 hours each calendar year will determine the
number of new classified positions to be established in each
facility. If the result is less than a whole number, but greater than
.85, the employer will create a new position.
4. The parties acknowledge that at this particular time, for the
purpose of these conversions, there is an ongoing need to establish
and fill the positions as identified in paragraph 3 and that the
employer will not refuse to create these positions solely because
the on-going need has not been established.
5. In future, the employer agrees to fill new ongoing vacancies in
accordance with the provisions of the collective agreement.
6. In recognition of the fact that unclassified Correctional Officers
who have worked at least 1912 hours as a Correctional Officer will
be reclassified from CO1 to CO2 effective the signing of this
Memorandum of Settlement in accordance with the principles of
Article 7 (Pay Administration) of the Collective Agreement.
Notwithstanding that this Memorandum of Settlement is without
prejudice or precedent, the parties agree that the above paragraph,
can be relied upon at the Grievance Settlement Board as being with
prejudice for the purpose of determining only those previously
filed grievances pertaining to the difference between CO1 and
CO2 pay levels of unclassified Correctional Officers who have
completed the required training.
Process by which conversions of unclassified institutional workers
(Correctional Officers, Nurses, Cooks) in the Correctional Services
Division will occur:
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A. The positions established in paragraph 3 will be assigned to
unclassified employees who meet the criteria set out in paragraph
(B) by class; by facility, provided there are no surplus employees
who qualify for direct assignment.
B. To be eligible for conversion into a classification, unclassified
institutional workers must have completed a minimum of 1912
hours, including authorized leaves of absence, in each of two
consecutive years in that classification. Those two consecutive
years must fall completely within the period April 1, 1994 to May
31, 1998.
C. Where the number of unclassified institutional workers who meet
the criteria set out in paragraph (B) in a facility is greater than the
number of classified positions to be established, positions will be
assigned in accordance with the “principle of seniority”. The
formula for calculating “seniority” will be the total number of full
time weeks worked up until May 31, 1998 as an unclassified
employee in the Ontario Public Service back to the first break in
employment which is greater than 13 weeks in accordance with the
principles of Article 18.1(b).
D. Unclassified Institutional Workers, ranked and listed according to
total number of full time weeks worked, will be assigned to
positions at their facility based on descending order of “seniority”
in accordance with (c) above.
E. Identified unclassified Institutional Workers can elect in writing
within three (3) working days not to accept an offered classified
position. In the event this occurs the classified position will be
offered to the next highest ranking (in “seniority”) unclassified
employee on the list in the same classification.
F. All conversions and the resultant assignments to newly established
classified positions will be effective September 30, 1998.
G. If the number of classified positions to be established exceeds the
number of eligible unclassified employees in the same class, these
additional positions will be posted in accordance with Articles 6
and 20 no later than November 15, 1998 and filled by December
31, 1998.
Article 31.15 - Process by which conversions for all other unclassified
employees, Correctional Services Division will occur:
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1. The employer will identify working 1732.75 or 1912 straight time
hours, as applicable, for each of two or more consecutive years,
taking into accent any approved leaves. Unless the parties
otherwise agree or another appropriate period is determined by an
arbitrator pursuant to page 1, paragraph 3, the two year period for
each employee will be from June 1, 1996 to May 31, 1998.
2. The employer will identify the reason for the unclassified contact -
i.e. backfilling for approved leaves, backfilling behind employees
on temporary assignment and or secondment, excessive workload.
3. Where an employee has worked the required number of hours
because of excessive workload or behind an employee on
secondment or temporary assignment or secondment will continue,
the employer will convert the employee in accordance with Article
31.15. Such conversions will be completed by September 30, 1998.
4. Where specific unclassified employees have not worked the
required number of hours for the purposes of conversion, the hours
worked in the positions will be totaled with the other unclassified
employees’ hours in the same work site and same position and
divided by the applicable 1732.75 or 1912 straight time hours to
determine the number of classified full time positions to be
established. These positions will be posted by November 15th,
1998 and filled by December 31, 1998 in accordance with articles
20 and 6. If the result is less than a whole number but greater than
.85 a new position will be established. Hours worked backfilling
authorized leaves of classified employees will not be included in
this calculation.
The union agrees to advise the Grievance Settlement Board that the
policy grievances cited above have been withdrawn within 30 days
of the signing of this agreement and to further advise the
Grievance Settlement Board that the grievances identified in
Appendix A have been settled or withdrawn no later than October
31, 1998.
The timetable and process for the implementation of this
settlement are set out in Appendix B.
The parties agree that Ms. F. Briggs is to remain seized with
respect to the interpretation and implementation of this
Memorandum of Settlement, including any disputes arising out of
this Memorandum of Settlement from the individual grievors listed
in Appendix A.
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After the signing of the above Memorandum, the parties undertook the implementation of
the terms and provisions. Not surprisingly, this process was complex and occasionally
resulted in disputes. There were several outstanding matters and the parties agreed that
those issues would be referred to arbitration. In a decision dated October 7, 1999, I
answered a number of questions posed by the parties regarding various aspects of
conversion for correctional officers. Subsequent to that award the implementation
committee again attempted to resolve any outstanding grievances.
Five grievances remained outstanding and hearings were held on May 9 and 10, 2001.
Members of the Implementation Committee were present to hear the facts and arguments
put forward by the correctional officers.
Mr. David Duncan works at Bluewater Youth Centre. I reserved my decision regarding
Mr. Duncan because the Implementation Committee agreed to reconsider Mr. Duncan’s
request for conversion.
Ms. Walker withdrew her grievance at the hearing.
Ms. Sylvia Ward is employed by Vanier Correctional Centre. The Implementation
Committee agreed that Ms. Ward shall be converted.
Mr. David Beaul is a correctional officer at the Windsor Jail. The Implementation
Committee agreed that Mr. Beaul shall be converted.
Ms. Jill Cassibo is also a correctional officer at the Windsor Jail. The Implementation
Committee could not resolve this matter and after consideration, it is my determination
that Ms. Cassibo is not eligible for conversion.
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I remain seized in the event that there are any difficulties implementing this decision.
Dated in Toronto, this 18th day of June, 2001.
Felicity D. Briggs, Vice Chair.
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