HomeMy WebLinkAbout2012-0908.MacKay et al.14-01-29 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#2012-0908, 2012-0909, 2012-3714, 2012-4248, 2012-4376, 2012-4377, 2013-0014
UNION#2012-0290-0012, 2012-0290-0013, 2013-0290-0001, 2013-0290-0004, 2013-0220-0001,
2013-0290-0005, 2013-0290-0014
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(MacKay et al) 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 and Gregg Gray
Ontario Public Service Employees Union
Grievance Officers
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] On March 20, 2012, the parties negotiated a Memorandum of Agreement that provided
the opportunity to transfer between the Ministry of Child and Youth Services and the
Ministry of Community Safety and Correctional Services to certain Fixed Term
Correctional Officer and Fixed Term Youth Service Workers. A second Memorandum of
Agreement was signed that day regarding Cross Ministry Lateral Transfers and Job
Trades for COs and YSOs. A third Memorandum provided an entitlement for non CO
and YSO staff to transfer between the two ministries.
[8] Following these agreements a number of grievances, both individual and group, were
filed by various YSOs most of whom work at Roy McMurtry Youth Centre alleging that
they should have been given the opportunity to transfer laterally.
[9] Regarding the grievances filed by classified staff, the Employer stated that there was
nothing in the Agreements that abrogated its inherent right to determine whether to fill
positions. No positions were filled during the period at issue. To be clear, there were no
correctional opportunities for these grievors within the 30 days prior to the filing of the
grievances. Further, there were no rollovers within 30 days of the filing of the grievances.
[10] Regarding the grievances filed by fixed term employees, the Employer submitted that it
could transfer fixed term employees in accordance with Article 2 of the Collective
Agreement based on its operational requirement and to do so did not violate any of the
Memoranda.
[11] I agree with the Employer’s view and accordingly, the grievances are denied.
Dated at Toronto, Ontario this 29th day of January 2014.
Felicity D. Briggs, Vice-Chair