HomeMy WebLinkAbout2014-1969.Power.15-03-17 DecisionCrown Employees
Grievance Settlement
Board
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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#2014-1969
UNION#2014-0102-0030
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Power) Union
- and -
The Crown in Right of Ontario
(Ministry of Children and Youth Services) Employer
BEFORE Felicity D. Briggs Vice-Chair
FOR THE UNION Alison Nielsen-Jones
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Brian Scott
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.
[7] More recently, the parties negotiated a Memorandum of Agreement regarding the
recruitment process for Probation Officers. (“PORP”) This Roll-over agreement stated
- 3 -
that this Board would remain seized of any disputes and it was further agreed that the
disputes would be determined through the transition process.
[8] Katie Power is a full time PO working in the St. Thomas office. She entered into a job
trade agreement with an officer in the London office. Unfortunately, the London office
PO had applied for a TEI which was granted on April 1, 2014. It was the Employer’s
view that the grievor knew of the impending TEI and entered into the job trade agreement
knowing that it might not be honoured.
[9] Irrespective of whether the grievor knew of the impending TEI, I am of the view that the
job trade cannot be implemented because one of the officers was granted a TEI. It was
noted that the manager signed off on the job trade agreement. That approval was a
mistake.
[10] For those reasons, the grievance is dismissed.
Dated at Toronto, Ontario this 17th day of March 2015.
Felicity D. Briggs, Vice-Chair