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HomeMy WebLinkAbout2001-0548.Johnson.03-10-28 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# 2001-0548 UNION# 01F484 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Johnson) 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 August 12,2003 2 DECISION In September of 1996 the Mimstry of CorrectIOnal ServIces notIfied the Umon and employees at a number of provIncIal correctIOnal InstItutIOns 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 polIcy and IndIVIdual gnevances that alleged vanous breaches of the collectIve agreement IncludIng artIcle 6 and artIcle 31 15 as well as gnevances relatIng to the fillIng of correctIOnal officer posItIOns In response to these gnevances the partIes entered Into dIscussIOns and ultImately agreed upon two Memoranda of Settlement concermng the applIcatIOn of the collectIve agreement dunng the "first phase of the Mimstry's transItIOn" One memorandum, dated May 3 2000 (hereInafter referred to as "MERC 1" (Mimstry Employment RelatIOns CommIttee)) outlIned condItIOns for the correctIOnal officers whIle the second, dated July 19 2001 (hereInafter referred to as "MERC 2") provIded for the non-correctIOnal officer staff Both agreements were subJect to ratIficatIOn by respectIve pnncIples and settled all of the gnevances IdentIfied In the related MERC appendIces, filed up to that pOInt In tIme WhIle It was agreed In each case that the settlements were "wIthout preJudIce or precedent to posItIOns eIther the umon or the employer may take on the same Issues In future dIscussIOns" the partIes recogmzed that dIsputes mIght anse regardIng the ImplementatIOn of the memoranda. AccordIngly they agreed, at Part G paragraph 8 The partIes agree that they wIll request that FelIcIty Bnggs, Vice Chair of the Gnevance Settlement Board wIll be seIzed wIth resolvIng any dIsputes that anse from the ImplementatIOn of thIS agreement. It IS thIS agreement that provIdes me wIth the JunsdIctIOn to resolve the outstandIng matters Both MERC 1 and MERC 2 are lengthy and comprehensIve documents that provIde for the IdentIficatIOn of vacanCIes and posItIOns and the procedure for fillIng those posItIOns as they become avaIlable throughout vanous phases of the restructunng. GIven the complexIty and SIze of the task of restructunng and decommIssIOmng of InstItutIOns, It IS not surpnSIng that a number of gnevances and dIsputes arose ThIS IS one of the numerous decIsIOns dealIng wIth dIsputes under the MERC Memoranda of Agreement. Stephen Johnson was a CorrectIOnal Officer at Burtch CorrectIOnal Centre He gneved that he was "wrongfully demed access to compete In the competItIOn at Sprucedale Youth Centre" In the MERC 1 Memorandum of Agreement at AppendIx D It was stated that the area of search for Sprucedale posItons were WellIngton, Waterloo and Sprucedale It further stated The area of search wIll be restncted to classIfied and unclassIfied employees workIng at or permanently resIdIng wIthIn 40 kms of the worksIte and classIfied and unclassIfied employees who are permanently employed at the InstItutIOns lIsted In thIS appendIx. No applIcant wIll be screen out or demed a posItIOn due to lack of mImstry endorsed traInIng In young offender servIces 3 Burtch CorrectIOnal Centre IS WIthIn forty kIlometers of Sprucedale Mr Johnson claimed that because he was workIng at an InstItutIOn whIch was wIthIn forty kIlometers of Sprucedale he was entItled to a posItIOn. The was no dIspute between the partIes that the above provIsIOn found In the Memorandum of Settlement means that In order for employees to be entItled to the lIsted posItIOns employees eIther had to be at Sprucedale or resIdIng wIthIn forty kIlometers of Sprucedale It IS not sufficIent that Burtch CorrectIOnal Centre was wIthIn forty kIlometers of Sprucedale AccordIngly the gnevance must be demed. Dated In Toronto thIS 28th day of October 2003