HomeMy WebLinkAbout2015-1120.Lawrence.16-03-23 DecisionCrown Employees
Grievance Settlement
Board
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180 Dundas St. West
Toronto, Ontario M5G 1Z8
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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#2015-1120
UNION#2015-5112-0089
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Lawrence) 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 Gregg Gray and Nick Mustari
Ontario Public Service Employees Union
Grievance Officers
FOR THE EMPLOYER Greg Gledhill
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING November 17, 2015 and March 8, 2016
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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 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
- 3 -
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] Omar Lawrence is a Correctional Officer now working at Toronto South Detention
Centre. He previously worked at the Toronto Jail and was rolled over to classified
status in approximately 2008. He alleges that his Continuous Service Date is
incorrect.
[8] The grievor asserts that he filed a grievance around the time of his roll over in
this regard but there is no such grievance before this Board. When questioned,
the Union conceded that it has no record of this grievance. Further, the Union
informed the Board that the grievor did not provide a copy of a 2008 grievance.
[9] Mr. Lawrence contends that while he was an unclassified employee there were a
number of weeks where he worked hours that should have been counted toward
his CSD. However, no accompanying documents were provided by the Union
despite its efforts in this regard.
[10] The Employer has no records of this time period for the grievor. However, it
asserted that the grievor’s hours for the purposes of his Continuous Service Date
would have been taken into account at the time of his roll-over to classified
status.
[11] Based on the lack of documentary evidence before this Board, the grievance
must be dismissed.
Dated at Toronto, Ontario this 23rd day of March 2016.
Felicity D. Briggs, Vice Chair