The URL can be used to link to this page

Home My WebLink About2013-1735 Baker et al 14-06-12 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#2013-1735 UNION#2013-0369-0017 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Baker 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 Nick Mustari and Gregg Gray Ontario Public Service Employees Union Grievance Officers FOR THE EMPLOYER Greg Gledhill Ministry of Government Services Centre for Employee Relations Employee Relations Advisor Linda Elliott Ministry of Community Safety and Correctional Services Employee Transition Manager HEARING January 20, June 9, 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. Grant Baker is a Correctional Officer working at CNCC. He and a number of other Correctional Officers filed grievances that allege that the Employer has violated the Collective Agreement because it failed to include certain time in the calculation of their Continuous Service Date. [8] Prior to 2001, the grievors worked for the Ministry as Correctional Officers. At that time, CNCC was opened and it was run by MTCC, an independent company. To be clear, the employees of MTCC were not part of the Ontario Public Service. [9] The grievors all elected to resign their service with the OPS and accepted work with MTCC as Correctional Officers. On November 9, 2006 the Ministry of Community Safety and Correctional Service took over the running of CNCC and in accordance with a transfer agreement, the employees of MTCC came into the OPS. [10] The grievors are suggesting that their service with the Ministry prior to their employment with MTCC should be taken into account for the purposes of their continuous service date as there was less than a break of thirteen weeks of service. [11] This matter has been previously decided by this Board. In a January 28, 2008, decision regarding a Union grievance (GSB#2006-2241), the following was stated by this Board: A final group of employees resigned their employment at various OPS correctional facilities and found work with MTCC between 2001 and November of 2006 as a result of their own individual efforts. These grievors are of the view that now that the OPS has taken control of CNCC their employment status should be bridged as if they never left the OPS with the result of a change to their Continuous Service Date. I disagree. There are no such bridging rights for these employees. [12] The grievors also relied upon the fact that their dates of hire pre-date the transfer according to the WIN system (Workforce Information Network). While I appreciate that this fact might be confusing to the grievors, it is not determinative. It is the terms and provisions of the Collective Agreement and the Memorandum of Agreement regarding the transfer of the institution into the OPS that governs the determination of Continuous Service Dates. - 4 - [13] Accordingly, the following grievances are dismissed: • Rosalie Martineau 2012-0369-0066 • Tammy Roy 2012-0369-0071 • Jennette Belair 2012-0369-0081 • Dennis McColl 2012-0369-0082 • Charles Lloyd 2012-0369-0086 • William Pemberton 2013-0369-0002 • Michael Morris 2013-0369-0004 • Brian Secrett 2013-0369-0014 • Scott Berry 2013-0369-0023 • Douglas Coulson 2013-0369-0024 • James Landriault 2013-0369-0025 • David Black 2013-0369-0037 • James McCrea 2013-0369-0038 • Sarah Wilson 2013-0369-0041 • Jennifer Giles 2013-0369-0042 Dated at Toronto, Ontario this 12th day of June 2014. Felicity D. Briggs, Vice-Chair