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HomeMy WebLinkAbout2016-0196.Legault.16-11-14 Decision Crown 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#2016-0196 UNION#2016-0234-0080 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Legault) 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 Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Greg Gledhill Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor HEARING November 3, 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] Terri Legault was a fixed term Correctional Officer at Maplehurst Correctional Centre. In November 2015, while on a parental leave Ms. Legault applied for a full time classified position of Senior Staff Development Officer at Bell Cairn. [3] In October of 2015 she had also heard that the parties would be undertaking a rollover exercise at MHCC. As is usual practice the Employer asked for an Expression of Interest. The grievor responded to the EOI and made it known that she agreed to her posted hours. [4] On December 31, 2015 the grievor was offered and accepted the position at Bell Cairn. [5] The rollovers at MHCC were completed on February 16, 2016. The grievor was not rolled over and it was this denial that caused the grievor to file a grievance. [6] After consideration of the submissions of the parties I am of the view that the grievance must be denied. At the time of the rollovers at MHCC the grievor was already classified with a home position of Bell Cairn. Accordingly, she was not eligible for rollover. - 3 - [7] Accordingly the grievance must be dismissed. Dated at Toronto, Ontario this 14th day of November 2016. Felicity D. Briggs, Vice Chair