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HomeMy WebLinkAbout2015-1887.Emanuel.16-06-02 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#2015-1887 UNION#2015-5112-0172 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Emanuel) 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 - 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 - 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] Christian Emanuel is a Cook 2 at the Toronto South Detention Centre. He filed a grievance alleging that he should have been rolled over at the time of the closing of the Toronto Jail. [8] According to the Employer, the grievor was a fixed term Cook at the Toronto Jail whose contract was terminated on November 13, 2010 because he abandoned his position. Mr. Emanuel was re-hired at the Toronto West Detention Centre as a fixed term Cook 2 on September 17, 2012. [9] During October and November of 2013 various Cook 2 vacancies at TWDC, Toronto Jail and the Toronto Intermittent Centre were identified for roll over based on criteria agreed upon by the parties. At that time, the grievor was a fixed term Cook 2 working at TWDC but did not meet the agreed upon criteria for roll- over. Specifically he did not have the required 2,856 hours of work. [10] The grievor was offered and accepted a fixed term contract at TWDC as Food Services Helper as of November 17, 2014. [11] I am of the view that this grievance must fail. Setting aside the issue of timeliness raised by the Employer, there is no evidence before this Board that the grievor qualified for the roll over as agreed by the parties. Grievance denied. Dated at Toronto, Ontario this 2nd day of June 2016. Felicity D. Briggs, Vice Chair