HomeMy WebLinkAbout2014-0534.MacKinnon.15-01-27 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#2014-0534
UNION#2014-0229-0007
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(MacKinnon) 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
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Greg Gledhill
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING September 12, 2014, January 22, 2015
- 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] Adam McKinnon is a fixed term Correctional Officer working at OCI. He grieved that
the MERC Memorandum of Agreement was violated when the Employer rolled over two
positions and filled another two by way of lateral transfer.
[8] According to the grievor one CO retired at OCI and following a MERC agreement that
provided for three Rollovers and one lateral transfer at OCI. He also submitted that there
were two rollovers and two lateral transfers which were inconsistent with the MERC
agreements. The grievor would have been the third officer to be rolled over.
[9] A review of the documents including the three MERC agreements revealed that there was
one fixed term CO rolled over on April 15, 2013, one on May 29, 2013 and another on
September 24, 2013. There were no lateral transfers.
[10] The grievance is dismissed.
Dated at Toronto, Ontario this 27th day of January 2015.
Felicity D. Briggs, Vice-Chair