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HomeMy WebLinkAbout1999-0855.Beaul.01-06-18 Decision ~M~ om~o EAfPLOYES DE LA COURONNE _Wi iii~~~i~T DE L 'ONTARIO COMMISSION DE REGLEMENT "IIIl__1I'" BOARD DES GRIEFS Ontario 180 DUNDAS STREET WEST SUITE 600 TORONTO ON M5G 128 TELEPHONElTELEPHONE. (416) 326-1388 180 RUE DUNDAS OUEST BUREAU 600 TORONTO (ON) M5G 128 FACSIMILE/TELECOPIE. (416) 326-1396 GSB#0022/99 0380/99 0673/99 0855/99 0856/99 OPSEU#99A280 99C424 99C691 99C842,99C843 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Walker Ward, Duncan, Beaul, CassIbo) Grievor -and- The Crown III RIght of Ontano (Mimstry of CorrectIOnal ServIces) Employer BEFORE FelIcIty D Bnggs Vice-Chair FOR THE GRIEVOR Mary Anne Kuntz Gnevance Officer Ontano PublIc ServIce Employees Umon FOR THE EMPLOYER MeredIth Brown, Counsel Legal ServIces Branch Management Board Secretanat HEARING May 9 and 10 2001 DECISION On August 26 1998 the Mimstry of the SOlICItor General and CorrectIOnal ServIces and the Umon sIgned a Memorandum of Settlement and Release regardIng the converSIOn of unclassIfied employees ThIS agreement followed a lengthy and complIcated negotIatIOn process It stated The Employer and The Umon hereto agree that the folloWIng constItutes full and final settlement of the above noted Umon PolIcy Gnevances and the attached gnevances lIsted In AppendIx A. The partIes agree that the gnevors lIsted In AppendIx A retaIn the nght to proceed to the Gnevance Settlement Board for a determInatIOn as to whether or not the provIsIOns as set out In thIS Memorandum of Settlement and the calculatIOn of hours have been appropnately applIed to them The partIes agree that the gnevors lIsted In AppendIx A posItIOns retaIn the nght to proceed to the Gnevance Settlement Board for a determInatIOn as to whether or not the 2 calendar year penod as defined In the Memorandum of Settlement IS the appropnate penod to be applIed to them for the purpose of determInIng theIr elIgIbIlIty for assIgnment to a newly created classIfied posItIOn. Article 3115 - Unclassified Institutional Workers (Correctional Officers, Nurses, Cooks), Correctional Services Division RecogmzIng the dIfficultIes In IdentIfYIng the specIfic employees backfillIng for specIfic purposes, and acknowledgIng the extraordInary CIrcumstances currently In place because of the decIsIOns to hold vacanCIes to ease the Impact on IndIVIduals of the sIgmficant workforce reductIOns In the InstItutIOns, the partIes agree to the folloWIng to correct the eXIstIng sItuatIOn, but wIthout precedent or prejUdICe to future applIcatIOns of thIS or subsequent provIsIOns of the CollectIve Agreement respectIng the converSIOn of unclassIfied employees to classIfied status AcknowledgIng that the employer has undertaken a change In ItS own polIcy to ImmedIately fill all eXIstIng ongoIng InstItutIOnal management vacanCIes as qUIckly as possible but not later than 6 months from the sIgmng of thIS agreement, the partIes agree to the folloWIng 1 The employer agrees to calculate the total number of unclassIfied employees' hours, by class, In each InstItutIOn for the penod June 1 1996 to May 31 1998 The total number of unclassIfied hours wIll Include pen ods of authonzed leave of unclassIfied employees 2 and total hours wIll Include any hours whIch generated premIUm pay combIned wIth regular hours for unclassIfied employees provIded these hours do not exceed 80 hours wIthIn a gIven pay penod. 2 The employer wIll also calculate the total number of hours for approved leaves for classIfied employees by the same classes In each InstItutIOn dunng the penod from June 1 1996 to May 31 1998 3 The dIfference between the total number of unclassIfied hours and the total number of approved leave hours for classIfied employees dIvIded by 1912 hours each calendar year wIll determIne the number of new classIfied posItIOns to be establIshed In each facIlIty If the result IS less than a whole number but greater than 85 the employer wIll create a new posItIOn. 4 The partIes acknowledge that at thIS partIcular tIme, for the purpose of these converSIOns, there IS an ongoIng need to establIsh and fill the posItIOns as IdentIfied In paragraph 3 and that the employer wIll not refuse to create these posItIOns solely because the on-gOIng need has not been establIshed. 5 In future, the employer agrees to fill new ongOIng vacanCIes In accordance wIth the provIsIOns of the collectIve agreement. 6 In recogmtIOn of the fact that unclassIfied CorrectIOnal Officers who have worked at least 1912 hours as a CorrectIOnal Officer wIll be reclassIfied from CO 1 to C02 effectIve the sIgmng of thIS Memorandum of Settlement In accordance wIth the pnncIples of ArtIcle 7 (Pay AdmInIstratIOn) of the CollectIve Agreement. NotwIthstandIng that thIS Memorandum of Settlement IS wIthout prejUdICe or precedent, the partIes agree that the above paragraph, can be relIed upon at the Gnevance Settlement Board as beIng wIth prejUdICe for the purpose of determInIng only those prevIOusly filed gnevances pertaInIng to the dIfference between CO 1 and C02 pay levels of unclassIfied CorrectIOnal Officers who have completed the reqUIred traInIng. Process by which conversions of unclassified institutional workers (Correctional Officers, Nurses, Cooks) in the Correctional Services Division will occur. 3 A. The posItIOns establIshed In paragraph 3 wIll be assIgned to unclassIfied employees who meet the cntena set out In paragraph (B) by class, by facIlIty provIded there are no surplus employees who qualIfy for dIrect assIgnment. B To be elIgIble for converSIOn Into a classIficatIOn, unclassIfied InstItutIOnal workers must have completed a mImmum of 1912 hours, IncludIng authonzed leaves of absence, In each of two consecutIve years In that classIficatIOn. Those two consecutIve years must fall completely wIthIn the penod Apnl 1 1994 to May 31 1998 C Where the number of unclassIfied InstItutIOnal workers who meet the cntena set out In paragraph (B) In a facIlIty IS greater than the number of classIfied posItIOns to be establIshed, posItIOns wIll be assIgned In accordance wIth the "pnncIple of semonty" The formula for calculatIng "semonty" wIll be the total number of full tIme weeks worked up untIl May 31 1998 as an unclassIfied employee In the Ontano PublIc ServIce back to the first break In employment whIch IS greater than 13 weeks In accordance wIth the pnncIples of ArtIcle 18 l(b) D UnclassIfied InstItutIOnal Workers, ranked and lIsted accordIng to total number of full tIme weeks worked, wIll be assIgned to posItIOns at theIr facIlIty based on descendIng order of "semonty" In accordance wIth (c) above E IdentIfied unclassIfied InstItutIOnal Workers can elect In wntIng wIthIn three (3) workIng days not to accept an offered classIfied posItIOn. In the event thIS occurs the classIfied posItIOn wIll be offered to the next hIghest rankIng (in "semonty") unclassIfied employee on the lIst In the same classIficatIOn. F All converSIOns and the resultant assIgnments to newly establIshed classIfied posItIOns wIll be effectIve September 30 1998 G If the number of classIfied posItIOns to be establIshed exceeds the number of elIgIble unclassIfied employees In the same class, these addItIOnal posItIOns wIll be posted In accordance wIth ArtIcles 6 and 20 no later than November 15 1998 and filled by December 31 1998 Article 3115 - Process by which conversions for all other unclassified employees, Correctional Services Division will occur. 4 1 The employer wIll IdentIfy workIng 1732 75 or 1912 straight tIme hours, as applIcable, for each of two or more consecutIve years, takIng Into accent any approved leaves Unless the partIes otherwIse agree or another appropnate penod IS determIned by an arbItrator pursuant to page 1 paragraph 3 the two year penod for each employee wIll be from June 1 1996 to May 31 1998 2 The employer wIll IdentIfy the reason for the unclassIfied contact - I e backfillIng for approved leaves, backfillIng behInd employees on temporary assIgnment and or secondment, exceSSIve workload. 3 Where an employee has worked the reqUIred number of hours because of exceSSIve workload or behInd an employee on secondment or temporary assIgnment or secondment wIll contInue, the employer wIll convert the employee In accordance wIth ArtIcle 31 15 Such converSIOns wIll be completed by September 30 1998 4 Where specIfic unclassIfied employees have not worked the reqUIred number of hours for the purposes of converSIOn, the hours worked In the posItIOns wIll be totaled wIth the other unclassIfied employees' hours In the same work sIte and same posItIOn and dIvIded by the applIcable 1732 75 or 1912 straight tIme hours to determIne the number of classIfied full tIme posItIOns to be establIshed. These posItIOns wIll be posted by November 15th, 1998 and filled by December 31 1998 In accordance wIth artIcles 20 and 6 If the result IS less than a whole number but greater than 85 a new posItIOn wIll be establIshed. Hours worked backfillIng authonzed leaves of classIfied employees wIll not be Included In thIS calculatIOn. The umon agrees to advIse the Gnevance Settlement Board that the polIcy gnevances cIted above have been wIthdrawn wIthIn 30 days of the sIgmng of thIS agreement and to further advIse the Gnevance Settlement Board that the gnevances IdentIfied In AppendIx A have been settled or wIthdrawn no later than October 31 1998 The tImetable and process for the ImplementatIOn of thIS settlement are set out In AppendIx B The partIes agree that Ms F Bnggs IS to remaIn seIzed wIth respect to the InterpretatIon and ImplementatIOn of thIS Memorandum of Settlement, IncludIng any dIsputes ansIng out of thIS Memorandum of Settlement from the IndIVIdual gnevors lIsted In AppendIx A. 5 After the sIgmng of the above Memorandum, the partIes undertook the ImplementatIOn of the terms and provIsIOns Not surpnsIngly thIS process was complex and occasIOnally resulted In dIsputes There were several outstandIng matters and the partIes agreed that those Issues would be referred to arbItratIOn. In a decIsIOn dated October 7 1999 I answered a number of questIOns posed by the partIes regardIng vanous aspects of converSIOn for correctIOnal officers Subsequent to that award the ImplementatIOn commIttee agaIn attempted to resolve any outstandIng gnevances FIve gnevances remaIned outstandIng and heanngs were held on May 9 and 10 2001 Members of the ImplementatIOn CommIttee were present to hear the facts and arguments put forward by the correctIOnal officers Mr DavId Duncan works at Bluewater Youth Centre I reserved my decIsIOn regardIng Mr Duncan because the ImplementatIOn CommIttee agreed to reconsIder Mr Duncan's request for converSIOn. Ms Walker wIthdrew her gnevance at the heanng. Ms SylvIa Ward IS employed by Vamer CorrectIOnal Centre The ImplementatIOn CommIttee agreed that Ms Ward shall be converted. Mr DavId Beaul IS a correctIOnal officer at the Windsor JaIl The ImplementatIOn CommIttee agreed that Mr Beaul shall be converted. Ms Jill CassIbo IS also a correctIOnal officer at the Windsor JaIl The ImplementatIOn CommIttee could not resolve thIS matter and after consIderatIOn, It IS my determInatIOn that Ms CassIbo IS not elIgIble for converSIOn. 6 I remaIn seIzed In the event that there are any dIfficultIes ImplementIng thIS decIsIOn. Dated In Toronto thIS 18th day of June, 2001 FelIcIty D Bnggs, Vice Chair 7