HomeMy WebLinkAbout2013-3301.Patterson.17-02-06 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#2013-3301
UNION#2013-0108-0131
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Patterson) 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 February 3, 2017
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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] Mr. Donald Patterson is a Correctional Officer at Elgin Middlesex Detention Centre.
He filed a grievance on April 8, 2013 that alleged the Employer violated various
provisions of the Collective Agreement because he was not rolled over into
classified status.
[8] On February 11, 2013 the parties – in a Memorandum of Agreement - agreed to
“roll-over” five fixed term COs from EMDC. In accordance with that agreement, the
Employer posted and Expression of Interest (“EOI”) inviting fixed term officers to
apply for roll-over. According to the documentation provided, the grievor did not
respond to the posted EOI. Further, even if he had there would have been no
likelihood of being rolled over at that time given that he was fourteenth most senior
by hours.
[9] Another roll-over exercise occurred at EMDC for eleven CO positions in May of
2013. The grievor did make his interest known after the posting of the EOI and was
rolled over into classified status as of June 24, 2013.
[10] As I understand the grievor’s position he is of the view that he should have been
rolled over as a result of the February 11, 2013 Memorandum of Agreement.
However, he did not respond to the Expression of Interest nor did he have the
necessary number of hours to qualify.
[11] Accordingly, the grievance is denied.
Dated at Toronto, Ontario this 6th day of February 2017.
Felicity D. Briggs