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HomeMy WebLinkAbout2003-0329.Holwell et al.03-10-31 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# 2003-0329 UNION# 2003-0517-0007 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Holwell 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 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 PaulIne HolwellIs one of sIxteen CorrectIOnal Officers at Metro Toronto West DetentIOn Centre who filed a group gnevance Those CorrectIOnal Officers alleged that the Employer faIled to follow the semonty provIsIOns of the MERC agreement regardIng the transfer of Inmates and staff to the Women's InstItutIOn In Milton. By way of remedy she asked to be transferred forthwIth and paid travel tIme and mIleage retroactIve to January 20 2003 ThIS gnevance was a group gnevance and fifteen other correctIOnal officers were Included. Ms Holwell was offered a posItIOn at the Women's InstItutIOn In Milton and she accepted. It was subsequently determIned to close Vamer Centre for Women In Brampton and a decIsIOn was made to offer those employees, some of whom were Jumor to the gnevor posItIOns at the Women's InstItutIOn In Milton. MERC 1 Memorandum of Agreement provIdes for these posItIOns to be offered to employees at specIfied InstItutIOns Once filled, the remaInIng posItIOns were offered to the most semor of those remaInIng who dId not yet have an assIgnment. Upon a reVIew of the Memorandum I can find nothIng regardIng that would have oblIged the Employer to assIgn the gnevors to begIn work at the Women's InstItutIOn In Milton pnor to those employees from Vamer Centre for Women at Brampton. AccordIngly the gnevances are demed. Dated In Toronto thIS 31 st day of October 2003 I Vice-ChaIr