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Home My WebLink About2003-3538.Power.04-08-24 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# 2003-3538 UNION# 2003-0229-0037 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Power) Grievor - and - The Crown m RIght of Ontano (Mimstry ofCommumty Safety and CorrectIOnal ServIces) 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 Commumty Safety and CorrectIOnal ServIces HEARING May 21 2004 2 DeCISIon In September of 1996 the Mimstry of CorrectIOnal ServIces notIfied the Umon and employees at a number of provmcIal 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 Umon filed polIcy 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 fillIng of correctIOnal officer posItIOns In response to these gnevances the partIes entered mto 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 (heremafter referred to as "MERC 1" (Mimstry Employment RelatIOns CommIttee)) outlIned condItIOns for the correctIOnal officers whIle 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 pnncIples and settled all of the gnevances IdentIfied m the related MERC appendIces, filed up to that pomt m tIme The partIes contmued to negotIate and agree upon further condItIOns regardmg the transItIOn matters MERC 3 was sIgned by the partIes on February 25 2002 WhIle It was agreed m each case that the settlements were "wIthout preJudIce or precedent to posItIOns eIther the umon or the employer may take on the same Issues m future dIscussIOns" the partIes recogmzed 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 FelIcIty Bnggs, Vice Chair of the Gnevance Settlement Board wIll be seIzed wIth resolvmg any dIsputes that anse from the ImplementatIOn of thIS agreement. 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 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 mstItutIOns, It IS not surpnsmg that a number 3 of gnevances and dIsputes arose ThIS IS another of the dIsputes that have ansen under the MERC Memorandum of Settlement. When I was ImtIally InvIted to hear theses transItIOn dIsputes, the partIes agreed that process to be followed for the determInatIOn of these matters would be vIrtually IdentIcal to that found In 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 determIne the gnevance by arbItratIOn. When determInIng the gnevance by arbItratIOn, the medIator/arbItrator may lImIt the nature and extent of the eVIdence and may Impose such condItIOns as he or she consIders appropnate The medIator/arbItrator shall gIve a SUCCInct decIsIOn wIthIn five (5) days after completIng proceedIngs, unless the partIes agree otherwIse The transItIOn commIttee has dealt wIth dozens of gnevances and complaInts 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, In accordance wIth my JunsdIctIOn to so determIne that gnevances are to be presented by way of each party presentIng a statement of the facts wIth accompanYIng submIssIOns NotwIthstandIng that some gnevors mIght wIsh to attend and provIde oral eVIdence, to date, thIS process has been efficIent and has allowed the partIes to remaIn relatIvely current wIth dIsputes that anse from the contInuIng transItIOn process Not surpnsIngly In a few Instances there has been some confusIOn about the certaIn facts or sImply InSUfficIent detaIl has been provIded. On those occaSIOns I have dIrected the partIes to speak agaIn wIth theIr pnncIples to ascertaIn the facts or the ratIOnale behInd the partIcular outstandIng matter In each case thIS has been done to my satIsfactIOn. It IS essentIal In thIS process to aVOId accumulatIng a backlog of dIsputes The task of resolvIng these Issues In a tImely fashIOn was, from the outset, a formIdable one With ongOIng changes In Mimstenal boundanes and other orgamzatIOnal alteratIOns, the task has lately become larger not smaller It IS for these reasons that the process I have outlIned IS appropnate In these CIrcumstances 4 Mr Power was an unclassIfied CorrectIOnal Officer at the Guelph Treatment Centre He wanted to go to Maplehurst Complex or Vamer Centre but was assIgned to OCI on an Intenm basIs In a Memorandum of Agreement dated June 10 2003 It was agreed that 1 (a) GATU - UnclassIfied CorrectIOnal Officers who currently have unclassIfied contracts at Guelph Treatment Umt and who have IndIcated Maplehurst CorrectIOnal Complex and/or Vamer Centre for Women (Milton) as theIr first chOIce for contInued employment upon the decommIssIOmng of Guelph Treatment Centre, shall ImtIally be assIgned and have theIr contracts transferred In accordance wIth the optIOns In 3 ( c) of the January 23 2003 Agreement. (b) Based on operatIOnal need and In consultatIOn wIth the MERC ImplementatIOn CommIttee Guelph Treatment Umt unclassIfied CorrectIOnal Officers In (a) shall have theIr contracts transferred to Maplehurst CorrectIOnal Complex or Vamer Centre for Women (Milton) The most semor unclassIfied CorrectIOnal Officer (by requested InstItutIOn, see AppendIx A) shall be moved first and so on untIl all first chOIces are completed. 2 The Employer agrees that no new CO-Start CorrectIOnal Officers or other unclassIfied CorrectIOnal Officers shall begIn employment at Maplehurst CorrectIOnal Complex and/or Vamer Centre for Women (Milton) untIl Part (a) and (b) are completed for that InstItutIOn. In hIS letter of assIgnment, Mr Power was told that he was assIgned to Maplehurst but he was to work temporanly at OCI. At the pOInt that he could have moved to Maplehurst, the Supenntendent at OCI said Mr Power was needed and that he would not release hIm to Maplehurst. Between June 2003 and December 15 2003 no new CO-Starts began at Maplehurst. However on December 15 2003 CO-Starts began at Maplehurst. ThIS was a vIOlatIOn of the Memorandum of Agreement. Mr Power was entItled to travel tIme and mIleage from December 15 2003 untIl March 8 2004