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Home My WebLink About2009-0723.Khan et al.13-04-23 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#2009-0723 UNION#2009-0530-0028 Additional Files listed in Schedule “A” IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Khan et al) 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 Officer HEARING March 14 and April 2, 2013. - 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 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 this 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 - 3 - 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] A group of Correctional Officers working at the Toronto West Detention Centre and Vanier Correctional Centre filed grievances alleging that the Employer violated the Collective Agreement by failing to convert them in accordance with Article 31.A.15. Some of the grievors were of the view that they have worked “on the same line” in Admitting and Discharge for a period in excess of 18 months and so they should be converted. Others worked in positions that were not “back-filling” for another employee. [8] The Employer suggested that the complete answer to this issue is to be found at Appendix COR 9. In that provision the parties agreed that during the term of that Collective Agreement the Employer would “roll-over” thirty Youth Workers and 220 Correctional Officers to Regular Service or classified status. It also states: For greater clarity, this complements and extends the MCSCS MERC Agreement signed February 12, 2008 to the end of this collective agreement (December 31, 2012). [9] At Paragraph 4 of the February 12, 2008 Memorandum of Agreement it was stated, in part: The parties further agree that no additional grievances pertaining to Article 6; 31.A.5; and Appendix 20 will be advanced for the duration of this collective agreement. [10] After considering the facts and submission in these matters, I am of the view that the Employer is correct. The parties agreed in February of 12, 2008 to a specific number of Correctional Officer (and Youth Officer) positions to be “rolled-over” during the term of the Collective Agreement. This agreement was not dependent upon any - 4 - criteria as might be found at Article 31.A.5. and, presumably for that consideration, the Union agreed that “conversion” grievances would not be advanced. [11] Accordingly, I am without jurisdiction to determine these grievances and they are dismissed. Dated at Toronto this 23rd day of April 2013. Felicity D. Briggs, Vice-Chair - 5 - SCHEDULE “A” GSB Number Grievor Name OPSEU # 2011-3135 Digiacinto, Katrina 2011-0234-0114 2011-3136 Gomes, Ashley 2011-0234-0115 2011-3137 Hagen, Paula 2011-0234-0113 2011-3138 Holwell, Pauline 2011-0234-0116 2011-3139 Marinucci, Sarah 2011-0234-0117 2011-3140 Smith, Margaret 2011-0234-0118 2011-3169 Frankenne, Diane 2012-0234-0002 2011-3857 Schaefer, Jeanifer 2012-0234-0036 2012-0832 Baynham, Steven et al 2012-0517-0025 2012-1384 Manes, John 2012-0517-0026 2012-2544 Ramroop-Graziano, Anisa 2012-0517-0065 2012-2545 Balcerzyk, Jakub 2012-0517-0066 2012-2546 Baynham, Steven 2012-0517-0067 2012-2547 Beerdat, Alicia 2012-0517-0068 2012-2548 Bradbury, Brandon 2012-0517-0069 2012-2549 Brooks, Michael 2012-0517-0070 2012-2550 Dhaliwal, Bir Surinder Kaur 2012-0517-0071 2012-2551 Francis, Jay 2012-0517-0072 2012-2552 Gregory, Monique 2012-0517-0073 2012-2553 Hastings, Andrew 2012-0517-0074 2012-2554 Hricky, Stephen 2012-0517-0075 2012-2555 Lunario, Bruce 2012-0517-0076 2012-2556 McCallum, Daniel 2012-0517-0077 2012-2557 Manes, John 2012-0517-0078 2012-2558 McKee, Suzanne 2012-0517-0079 2012-2559 Pacar, Nedilijka 2012-0517-0080 2012-2560 Polanski, Grzegorz 2012-0517-0081 2012-2561 Santos, Carlos 2012-0517-0082 2012-2562 Smith, Demarco 2012-0517-0083 2012-2563 Terrey, Joshua 2012-0517-0084 2012-2564 Villeneuve, Robert 2012-0517-0085 2012-2565 Yeboah, Frederick 2012-0517-0086