HomeMy WebLinkAbout2016-0461 Sutherland 17-09-11 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2016-0461
UNION# 2015-0616-0064
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Sutherland) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Felicity D. Briggs Arbitrator
FOR THE UNION Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Greg Gledhill
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
Al. J. Quinn
Ministry of Community Safety and
Correctional Services
Senior Employee Transition Advisor
HEARINGS July 11, 2017 and August 28, 2017
- 2 -
Decision
[1] Since the spring of 2000 the parties have been meeting regularly to address
matters of mutual interest which have arisen as the result of the Ministry of
Community Safety and Correctional Services as well as the Ministry of Children
and Youth Services restructuring initiatives around the Province. Through the
MERC (Ministry Employment Relations Committee) a subcommittee was
established to deal with issues arising from the transition process. The parties
have negotiated a series of MERC agreements setting out the process for how
organizational changes will unfold for Correctional and Youth Services staff and
for non-Correctional and non-Youth Services staff.
[2] The parties agreed that this Board would remain seized of all issues that arise
through this process and it is this agreement that provides me the jurisdiction to
resolve the outstanding matters.
[3] Over the years as some institutions and/or youth centres decommissioned or
reduced in size others were built or expanded. The parties have made efforts to
identify vacancies and positions and the procedures for the filling of those positions
as they become available.
[4] The parties have also negotiated a number of agreements that provide for the “roll-
over” of fixed term staff to regular (classified) employee status.
[5] Hundreds of grievances have been filed as the result of the many changes that
have taken place at provincial institutions. The transition subcommittee has, with
the assistance of this Board, mediated numerous disputes. Others have come
before this Board for disposition.
[6] It was determined by this Board at the outset that the process for these disputes
would be somewhat more expedient. To that end, grievances are presented by
way of statements of fact and succinct submissions. On occasion clarification has
been sought from grievors and institutional managers at the request of the Board.
This process has served the parties well. The decisions are without prejudice but
attempt to provide guidance for future disputes.
- 3 -
[7] Ms. Angie Sutherland became a fixed term Correctional Officer in June 2000. She
was rolled over to classified status in May of 2005. Her CSD at that time was
December of 2001.
[8] Ms. Sutherland applied for and won a competition for a Records Clerk which is an
OAG position in February of 2008. She attempted to return to work as a
Correctional Officer in March of 2008 but was denied. She ultimately resigned her
employment as a Records Clerk and was rehired to work as a fixed term
Correctional Officer in June of 2008. In September of 2015 she was again rolled
over to classified status as a Correctional Officer.
[9] She alleges that the Employer has miscalculated her CSD. She grieves this
calculation and asks that her CSD be adjusted to reflect her entire employment
since 2000.
[10] The grievance is denied. There was a break in the grievor’s service when she
resigned her position as a Records Clerk to be rehired in a fixed term Correctional
Officer position. That break in service disentitles her to having all of her past
employment considered for the purposes of CSD.
Dated at Toronto, Ontario this 11th day of September 2017.
Felicity D. Briggs, Arbitrator