HomeMy WebLinkAbout2002-0821.Banks.06-05-09 Decision
Crown Employees Commission de Nj
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
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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# 2002-0821 2002-0822
UNION# 2000-0234-0074 [02A600] 2000-0234-0072 [02A602]
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano Public Service Employees Umon
(Banks) Union
- and -
The Crown m Right of Ontano
(Mimstry ofCommumty Safety and CorrectiOnal Services) Employer
BEFORE Felicity D Bnggs Vice-Chair
FOR THE UNION Stephen Giles
Gnevance Officer
Ontano Public Service Employees Umon
FOR THE EMPLOYER Lucy Neal
Semor Staff RelatiOns Officer
Mimstry of Commumty Safety and
CorrectiOnal Services
HEARING March 23 2006
2
DeCISIon
In September of 1996 the MmIstry of CorrectIOnal ServIces notIfied the UnIon 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 UnIon 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) outlmed condItIons for the correctIOnal officers wlule 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 tUlle
WhIle It was agreed m each case that the settlements were "wIthout preJudIce or
precedent to posItIOns eIther the UnIon or the employer may take on the same
Issues m future dIscussIOns", the partIes recognIzed 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 ullplementatIOn of tlus agreement
3
It IS thIS 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/arbItrator 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
wIthm five (5) days after completmg proceedmgs, unless the partIes agree
otherwIse
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
4
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, tlus 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 behmd the partIcular outstandmg matter In each case thIS has been
done to my satIsfactIOn
It IS essentIal m thIS 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 organIzatIonal
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
Mr Anthony Banks IS a Cook who filed two gnevances dated December 29, 2000
that alleged he receIved Improper treatment m the transItIOn process The
Employer provIded the gnevor's employment record. UltImately the gnevor was
offered and accepted a dIsplacement opportUnIty at the HamIlton Wentworth
DetentIOn Centre The UnIon set out the gnevor's VIew of hIS employment hIstory
It IS sufficIent to say that gnevor was properly treated and mformed of hIS nghts
throughout the transItIOn process There has been no vIOlatIOn of the CollectIve
Agreement
5
I understand that the gnevor mIght not have ultImately been assIgned to work at
the mstItutIOn of Ius chOIce However, he was gIven all of Ius nghts under the
CollectIve Agreement and relevant MERC agreements
F or those reasons the gnevances are denIed.
Dated m Toronto thIS 9th day of May 2006
I .r'"
.
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FelicIty D Brig s
VIce-Chair