HomeMy WebLinkAbout2014-0962.Michaud.16-05-31 DecisionCrown Employees
Grievance
Settlement Board
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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
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GSB#2014-0962
UNION#2014-0130-0001
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Michaud) 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 Dan Sidsworth and Gregg Gray
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Greg Gledhill
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
Linda Elliott
Ministry of Community Safety and
Correctional Services
Employee Transition Coordinator
HEARING March 8, May 9, 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
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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] Ms. Charlene Michaud is a full time OAG 8 in the Chatham Jail. From August 13,
2010 until January 23, 2011 she was temporarily assigned to the position of Office
Manager at the Jail because the incumbent was absent on WSIB. On January 24,
2011 the incumbent returned and therefore the temporary assignment ended.
However, as of February 28, 2011 the incumbent again left the workplace and was
ultimately on LTIP. For this reason, the grievor was again temporarily assigned to
the Office Manager position and continued in this role up to the termination of the
decommissioning process for the jail.
[8] After the Chatham Jail closed, on August 18, 2014, the grievor was assigned to the
South West Detention Centre in an OAG 8 position. She ultimately competed for
and was successful in obtaining a full time position as Assistant Business
Administrator at SWDC as of April 9, 2015.
[9] In May of 2014 Ms. Michaud filed a grievance alleging that the Employer failed to
follow Article 8.6.1. She contended that the Business Administrator role became a
“true vacancy” as of August 13, 2013 when the incumbent was determined to be
totally disabled from any occupation. By way of remedy the grievor asked to be
“rolled over into this position as per Article 8.6.3.
[10] It was the Employer’s view that the grievor is not entitled to be “rolled over” into
any position because she is a full time regular employee and not fixed term.
Further, the temporary position was assigned to the grievor – meaning it was not
posted and there was no competition - therefore she is not entitled to rights under
article 8.6.1. Even if she was entitled to those rights according to Article 8.6.3 the
Employer “may” assign the position on a permanent basis. It elected not to do so
because it was common knowledge that the Chatham Jail would soon be closing. I
agree.
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[11] After consideration I am of the view that the Employer did not violate the Collective
Agreement and therefore the grievance is dismissed.
Dated at Toronto, Ontario this 31st day of May 2016.
Felicity D. Briggs, Vice Chair