HomeMy WebLinkAbout2013-2478.Glousher et al.14-07-02 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#2013-2478
UNION#2013-0220-0005
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Glousher 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
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Greg Gledhill
Ministry of Government Services
Centre for Employee Relations
Employee Relations Officer
HEARING
SUBMISSIONS
June 9, 2014
June 26, 2014
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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
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process has served the parties well. The decisions are without prejudice but attempt to provide guidance for future disputes. [7] A number of individuals working at Bluewater Youth Centre filed grievances regarding their redeployment. [8] The grievors were given a number of options regarding their employment stability including moving to the Sarnia Jail. At the time of their election it was thought – indeed it had been announced – that the Sarnia Jail would be closing within a relatively short period of time. Ultimately it was announced that the Sarnia Jail would not be closing. [9] The grievors all now claim that had they known that the Sarnia jail would not be closing they would have made different elections. Some claim that the Ministry purposely misled them regarding the closure of the Sarnia Jail. [10] Although I appreciate that the grievors made decisions based on the information they had at the time, a change in circumstance such as the Sarnia Jail not closing does not allow them to turn back the clock and make a new election. If this were allowed, dozens of job transfers and movements would have to be undone or redone and that would create administrative chaos and personal dislocation for others. [11] There was no bad faith proven. It was anticipated that the Sarnia Jail would close and that was announced. For various reasons the Ministry had to reconsider this decision and it was eventually determined that the jail would remain open. Unfortunately, this unforeseen change caused the grievors some disadvantage in their view. I understand that but must dismiss the grievances because there has been no violation of the Collective Agreement or any MERC agreement.
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[12] The following grievances are denied:
Grievor OPSEU File Number GSB Number
• Diana Glousher 2013-0220-0005 2013-2478
• Eric Mitchell 2013-0220-0006 2013-2479
• Tom Gibson 2013-0220-0007 2013-2480
• Nancy Verbeek 2013-0220-0008 2013-2481
• Gary Garniss 2013-0220-0009 2013-2482
• Anjela McCool 2013-0234-0324 2013-2391
• Jennifer Black 2013-0234-0323 2013-2390 Dated at Toronto, Ontario this 2nd day of July 2014. Felicity D. Briggs, Vice-Chair