HomeMy WebLinkAbout2009-2710.Acheampong et al.13-04-18 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2009-2710, 2009-2711
UNION#2009-0521-0065, 2009-0521-0066
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Acheampong/Cornette) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Felicity D. Briggs Vice-Chair
FOR THE UNION Tim Mulhall
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Greg Gledhill
Ministry of Government Services
Centre for Employee Relations
Staff Relations Advisor
HEARING November 13, 2012, March 14 and
April 2, 2013.
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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 Community Safety and
Correctional Services as well as the Ministry of Children and Youth Services
restructuring initiatives around the Province. Through the MERC (Ministry Employment
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
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well. The decisions are without prejudice but attempt to provide guidance for future
disputes.
[7] Godfrey Cornette and Agnes Acheampong both hold the position of Cook 2. In early
2008 the grievors competed for and obtained temporary positions as Cook 3 at the
Mimico Correctional Centre.
[8] On October 13, 2009 the grievors filed grievances that alleged the Employer violated the
collective agreement by leaving vacant the permanent position of Cook 3. In their
grievances they asked to be reclassified to the Cook 3 position because they had been
doing the work for years.
[9] Both grievors resolved these grievances with the Employer and signed identical
Memoranda of Agreement on March 11, 2010. Those agreements stated:
In the event that the Business case for the Cook 3 position is approved and
the grievor are appointed into the Cook 3 position the grievors and the
union agree to withdraw the grievances.
In the event that the grievors are not placed into the Cook 3 positions this
memorandum of settlement is void and the parties will revisit the issue
giving rise to the grievances.
[10] The “Business Case” was submitted but not approved. Notwithstanding that both grievors
had worked and received the pay of a Cook 3 for a considerable period of time each were
notified in 2011 that they would be returned to their home positions of Cook 2 – Mimico
Correctional Centre. It was from this position that they were surplussed.
[11] Each was moved to Toronto Intermittent Centre as a Cook 2 and continues to work in that
capacity. There are no Cook 3 positions at TIC and ironically, if they had been classified
as Cook 3 at the time of their surplussing the subsequent move to TIC would probably
not have occurred.
[12] As set out in the Memorandum of Agreement, the original grievance is to be considered
because the Business case was not approved.
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[13] The original grievances ask that the Employer be obliged to fill the vacant positions of
Cook 3 and assign the grievors to that position. Simply put, there is nothing in the
collective agreement that obliges the Employer to fill vacant positions.
[14] Accordingly, the grievances are dismissed.
Dated at Toronto this 18th day of April 2013.
Felicity D. Briggs, Vice Chair