HomeMy WebLinkAbout2002-2566.Gilham.03-10-31 Decision
Crown Employees Commission de ~~
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
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GSB# 2002-2566
UNION# 2003-0218-0034
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(GIlham) 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 29 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.
3
Ms SheIla GIlham, a CorrectIOnal Officer at Burtch CorrectIOnal Centre filed a gnevance that
alleged that she has not been treated by the TransItIOn Team In the same fashIOn as other
employees In regard to Job trades and temporary assIgnments
The gnevor was surplussed on November 21 2001 and she opted to take an assIgnment beyond
forty kIlometers AccordIngly she was assIgned to work at the Stratford JaIl
As mentIOned In earlIer decIsIOns, the Brantford JaIl was told that ItS cloSIng would be delayed
untIl 2005 or later After that announcement the partIes agreed to a Memorandum of Settlement
sIgned on May 3 2001 that amended some of the earlIer arrangements For Instance, employees
who were surplus sed but dId not yet have new assIgnments could now be assIgned Into vacant
posItIOns at the Brantford JaIl The gnevor would not have been covered by thIS agreement as
she had already elected to take a new posItIOn at Stratford.
AccordIngly she was treated dIfferently than some of the other employees but she was not
treated In vIOlatIOn of any agreement between the partIes The gnevance IS demed.
Dated In Toronto thIS 31 st day of October 2003
I
Vice-Chair