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HomeMy WebLinkAbout2002-0229.Mills et al.06-01-25 Decision Crown Employees Commission de Nj 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# 2002-0229 2002-0571 2002-0573 2002-0573 2002-0767 UNION# 2002-0234-0005 2002-0234-0006 2002-0234-0009 2002-0234-0004 2002-0234-0014 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Mills et al ) Union - and - The Crown In RIght of Ontano (Mimstry ofCommumty Safety and CorrectIOnal ServIces) Employer BEFORE FelIcIty D Bnggs Vice-Chair FOR THE UNION Scott Andrews Gnevance Officer Ontano PublIc ServIce Employees Umon FOR THE EMPLOYER Lucy Neal Semor Staff RelatIOns Officer Mimstry of Commumty Safety and CorrectIOnal ServIces HEARING November 14 December 1 2005 January 18 2006 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 wIllIe 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 tIme The partIes contmued to negotIate and agree upon further condItIons regardmg the transItIOn matters MERC 3 was sIgned by the partIes on February 25, 2002 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 3 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 llnplementatIOn of tlllS agreement It IS tlllS agreement that provIdes me wIth the JunsdIctIOn to resolve the outstandmg 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 filhng those posItIOns as they become aVailable throughout varIOUS phases of the restructunng GIven the complexIty and SIze of the task of restnlctunng and decommISSIOnIng of mstItutIOns, It IS not surpnsmg that a number of gnevances and dIsputes arose ThIS IS another of the dIsputes that have ansen under the MERC Memorandum of Settlement When I was mItIally mVIted to hear theses transItIOn dIsputes, the partIes agreed that process to be followed for the determmatIOn of these matters would be vIrtually IdentIcal to that found m ArtIcle 22 16.2 whIch states The mediator/arbItrator shall endeavour to assIst the partIes to settle the gnevance by mediatIOn If the partIes are unable to settle the gnevance by medIatIOn, the mediator / arb 1 trator shall determme the gnevance by arbItratIOn When detennmmg the gnevance by arbItratIOn, the medIator/arbItrator may hmIt the nature and extent of the eVIdence and may Impose such condItIons as he or she consIders appropnate The medIator/arbItrator shall gIve a succmct decIsIOn wItllln five (5) days after completmg proceedmgs, unless the partIes agree otherwIse 4 The transItIOn commIttee has dealt wIth dozens of gnevances and complamts pnor to the mediatIOn/arbItratIOn process There have been many other gnevances and Issues raised before me that I have eIther assIsted the partIes to resolve or arbItrated. However, there are stIll a large number that have yet to be dealt wIth It IS because of the vast numbers of gnevances that I have decIded, m accordance wIth my JunsdIctIOn to so detennme, that gnevances are to be presented by way of each party presentmg a statement of the facts wIth accompanymg submIssIOns NotwIthstandmg that some gnevors mIght wIsh to attend and provIde oral eVIdence, to date, tlllS process has been efficIent and has allowed the partIes to rem am relatIvely current wIth dIsputes that anse from the contmumg transItIOn process Not surpnsmgly, m a few mstances there has been some confusIOn about the certam facts or sImply msufficIent detail has been provIded. On those occaSIOns I have dIrected the partIes to speak agam wIth theIr prmcIples to ascertam the facts or the ratIOnale belllnd the partIcular outstandmg matter In each case tlllS has been done to my satIsfactIOn It IS essentIal m tlllS process to aVOId accumulatmg a backlog of dIsputes The task of resolvmg these Issues m a tImely fashIOn was, from the outset, a formIdable one WIth ongomg changes m MmIstenal boundanes and other orgamzatIonal alteratIOns, the task has lately become larger, not smaller It IS for these reasons that the process I have outlmed IS appropnate m these CIrcumstances Four classIfied CorrectIOnal Officers filed gnevances m January and February of 2002 that alleged they were "wrongfully dIsplaced" from Maplehurst CorrectIOnal Complex m contraventIOn of ArtIcle 20 of the collectIve agreement 5 Each of the gnevors receIved a surplus notIce on January 18, 2002 On February 18, 2002 the gnevors each receIved assIgnment letters whIch confirmed a work assIgnment wItllln forty kIlometres Three were assIgned to work at Toronto West DetentIOn Centre and one was to go the Guelph Assessment and Treatment UnIt On June 10,2002 the gnevors all receIved letters mstructmg them to report to theIr new work locatIOn on June 24th, 2002 It was the gnevors' posItIOn that they were Improperly dIsplaced because the Employer was not provIdmg the level of staffing at Maplehurst Complex Centre as set out m the staffing complement Dunng tlllS penod of tune the UnIon had filed a pohcy gnevance allegmg Improper and unsafe staffing complements In response to thIS assertIOn the partIes undertook a workload analysIs whIch took place over several months UltImately the matter of staffing complement was resolved by a decIsIOn of tlllS Board, dated September 27th, 2004 That decIsIOn dealt wIth only prospectIve staffing rehef and had no retroactIve apphcatIOn At page 4 of that award It was Said. The partIes were not sIgnIficantly dIsparate m theIr VIews of the appropnate resolutIOn of tlllS matter I heard eVIdence regardmg the nature of the operatIOn, how the operatIOnal needs have changed m the last five years, the workload analysIs, the Employer's VIew of the appropnate staffing model and the UnIon's concerns m that regard. It IS not my mtentIOn to revIew that eVIdence m any detail It IS sufficIent to say that any decIsIOn rendered herem IS pecuhar to these facts and wIll therefore have no apphcatIOn many other mstItutIOn Further, tlllS decIsIOn sets out the appropnate staffing complement for Maplehurst Complex as of the date of thIS decIsIOn as the result of thIS process 6 F our of the gnevors m the present matter were redeployed to vanous mstItutIOns at dIffenng tunes based on the operatIOnal reqUIrement of those facIlItIes One of the gnevors reqUIred personal accommodatIOn that allowed hun to rem am at Maplehurst Complex for a longer penod. He was eventually gIven notIce that hIS accommodatIOn would come to an end, however pnor to actually movmg he partIcIpated m a Job trade agreement whIch matched hun to a posItIOn at Maplehurst Complex It was the posItIOn of one of the gnevors that because eIght months elapsed between hIS notIce and hIS actual move to a new mstItutIOn the staffing complement had changed and therefore he ought to have been allowed to contmue at Maplehurst There IS notlllng m the MERC agreements or the collectIve agreement that would have me find that argument compelhng In the absence of a retroactIve remedy flowmg from the pohcy gnevance, the Employer had, accordmg to ArtIcle 2 1, the express management's nght to detennme the staffing complement for the penod at Issue Accordmgly, the gnevances are dIsmIssed Dated m Toronto, thIS 25th day of January 2006 VIce-Chair