HomeMy WebLinkAbout2013-2168.Rozario.14-01-28 DecisionCrown Employees
Grievance Settlement
Board
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180 Dundas St. West
Toronto, Ontario M5G 1Z8
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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#2013-2168
UNION#2013-0290-0033
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Rozario) Union
- and -
The Crown in Right of Ontario
(Ministry of Children and Youth Services) Employer
BEFORE Felicity D. Briggs Vice-Chair
FOR THE UNION Nick Mustari
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Karen Martin
Ministry of Government Services
Centre for Employee Relations
Employee Relations Advisor
HEARING September 17, 2013 and January 20, 2014
- 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 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.
- 3 -
[7] Mr. David Rozario was a Child Care Worker at Thistletown Regional Centre (“TRC”).
He is presently a fixed term Youth Services Officer at Roy McMurtry Youth Centre.
[8] In the spring of 2012 it was announced that the TRC would close. Employees were told
of their redeployment options at this time and advised that the parties were attempting to
negotiate additional options beyond those found in the Collective Agreement. The closure
date of TRC was thought to be March of 2014.
[9] In April of 2012 the parties agreed on a number of entitlements and options for
employees. The grievor elected to exercise his rights under Article 20 – that is to say that
he took a voluntary exit package and received enhanced severance and six month of
salary continuance. He received his pre-surplus notice on June 14, 2012. During this time
he received advice from the Union that other options might well present themselves in the
future.
[10] As it happened, further agreements were made between the parties and when the grievor
learned of this he attempted to elect one of the newly negotiated options. However, he
was already been declared surplus and therefore had no entitlement to any of the new
options.
[11] Subsequently the grievor was appointed to a fixed term contract as a Youth Services
Officer at RMYC. In order to obtain that position he was required to repay his enhanced
monies.
[12] After hearing the facts and submission, I am of the view that this grievance must be
denied. There has been no breach of the Collective Agreement or of any Memorandum of
Agreement. The grievor decided to take a particular option and then – unfortunately –
regretted his decision as time unfolded. While I understand the grievor’s frustration, I
must dismiss this grievance.
Dated at Toronto, Ontario this 28th day of January 2014.
Felicity D. Briggs, Vice-Chair