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HomeMy WebLinkAbout2003-0519.Sostar et al.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# 2003-0519 2003-0520 2003-0521 2003-0522,2003-0523 UNION# 2003-0220-0001 2003-0220-0002,2003-0220-0003 2003-0220-0004 2003-0220-0005 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Sostar 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 August 11 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 FIve gnevances were filed on behalf of fourteen employees at the Burtch CorrectIOnal Centre They gneved that the Employer vIOlated the terms and condItIOns of the MERC 1 Memorandum of Settlement when, on January 15 2003 It ordered the CorrectIOnal Officers to take the Young Offender traInIng at Sprucedale The traInIng actually took place begInmng on January 27 2003 at the Burtch CorrectIOnal Centre sIte It lasted for a two week penod and dunng that tIme there were no Inmates at the facIlIty Paragraph 6 of Part A the MERC 1 Memorandum of Agreement stated The employees wIll remaIn at theIr current work sIte untIl the date the InstItutIOn no longer houses any Inmates or another date agreed to by the employer and the employee Upon mutual agreement employees may be temporanly assIgned elsewhere untIl theIr placement occurs The gnevors have requested that theIr mIleage and travel tIme dunng thIS penod be paid. I am of the VIew that the gnevances must be succeed. The gnevors were only to contInue to be placed at the Burtch CorrectIOnal Centre untIl such tIme as the Inmates were gone Once the Inmates were moved out of the facIlIty the gnevors were entItled to be paid mIleage and travel tIme costs for those days that they were ordered to attend at Burtch CorrectIOnal Centre For those reasons, the gnevances succeed. Dated In Toronto thIS 28th day of October 2003 Vice-Chair