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HomeMy WebLinkAbout2000-0927.Hughes et al.03-10-29 Decision Crown Employees Commission de ~~ Grievance Settlement reglement des griefs Board des employes de la Couronne ~-,... Suite 600 Bureau 600 Ontario 180 Dundas Sl. West 180 rue Dundas Ouest Toronto Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tel. (416) 326-1388 Fax (416) 326-1396 Telec. (416) 326-1396 GSB# 2000-0927 2000-1475 2000-1476 2000-1477 2000-1632,2000-1633 2001-0027 UNION# 00E680 01A080 01A081 01A082,01A206 01A207 01A379 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Hughes et al ) Grievor - and - The Crown In RIght of Ontano (Mimstry of PublIc Safety and Secunty) Employer BEFORE FelIcIty D Bnggs Vice-Chair FOR THE UNION Scott Andrews Gnevance Officer Ontano PublIc ServIce Employees Umon FOR THE EMPLOYER Greg GledhIll Staff RelatIOns Officer Mimstry of PublIc Safety and Secunty HEARING September 5 2003 2 DECISION In September of 1996 the MmIstry of CorrectIOnal ServIces notIfied the Umon and employees at a number of provmcIaI correctIOnal mstItutIOns that theIr facIlItIes would be closed and/or restructured over the next few years On June 6, 2000 and June 29, 2000 the Umon filed pohcy and mdIvIdual gnevances that alleged vanous breaches of the collectIve agreement mcludmg artIcle 6 and artIcle 31 15 as well as gnevances relatmg to the filhng of correctIOnal officer posItIOns In response to these gnevances the partIes entered mto dIscussIOns and ultImately agreed upon two Memoranda of Settlement concernmg the apphcatIOn of the collectIve agreement dunng the "first phase of the MmIstry's transItIOn" One memorandum, dated May 3, 2000 (heremafter referred to as "MERC I" (MmIstry Employment RelatIOns CommIttee)) outhned condItIons for the correctIOnal officers whIle the second, dated July 19,2001 (heremafter referred to as "MERC 2") provIded for the non-correctIOnal officer staff Both agreements were subject to ratIficatIOn by respectIve prmcIples and settled all of the gnevances IdentIfied m the related MERC appendIces, filed up to that pomt m tune WhIle It was agreed m each case that the settlements were "wIthout prejUdICe or precedent to posItIOns eIther the umon or the employer may take on the same Issues m future dIscussIOns", the partIes recogmzed that dIsputes mIght anse regardmg the ImplementatIOn of the memoranda. Accordmgly, they agreed, at Part G, paragraph 8 The partIes agree that they wIll request that FehcIty Bnggs, VIce Chair of the Gnevance Settlement Board wIll be seIzed wIth resolvmg any dIsputes that anse from the unplementatIOn of tlllS agreement It IS tlllS agreement that provIdes me wIth the jUnSdIctIOn to resolve the outstandmg matters 3 Both MERC 1 and MERC 2 are lengthy and comprehensIve documents that provIde for the IdentIficatIOn of vacanCIes and posItIOns and the procedure for filhng those posItIOns as they become aVailable throughout varIOUS phases of the restructunng GIven the complexIty and SIze of the task of restructunng and decommIssIOmng of mstItutIOns, It IS not surpnsmg that a number of gnevances and dIsputes arose ThIS IS a further decIsIOn deahng wIth some of the dIsputes that have arIsen under the MERC Memoranda of Settlement SImIlar to the process utIhzed for earher decIsIOns regardmg these transItIOn matters, the partIes attended at an arbItratIOn hearmg and provIded facts and submIssIOns concernmg the outstandmg Issues In large measure the facts were m agreement and It was not necessary to call eVIdence Gnevances were filed by C Culver, S Ireland, J MIsener, M. SIlva, B Zdumch as well as two Group Gnevances Each of these gnevances were filed eIther at the end of 2000 or m the first two months of 2001 WhIle the statement of the gnevance vanes somewhat, generally speakmg each allege that the MmIstry has, by electmg to close ItS facIhty at Burtch CorrectIOnal Centre, dIscnmmated agamst the employees because of antI-umon ammus It was also asserted by the gnevors that theIr workplace was chosen for closure because of perceIved attendance problems wItllln the Centre There was a lengthy decIsIOn by VIce Chair RIchard Brown determmmg vanous matters regardmg the RFP process at Burtch CorrectIOnal Centre It IS not m the mterest of the partIes to reVIsIt any or those Issues It IS sufficIent for me to mdIcate that assertIOns of dIscnmmatIOn were dIsposed of m that decIsIOn 4 Accordmgly, the gnevances must be dIsmIssed VIce-Chair