The URL can be used to link to this page

Home My WebLink About2003-1862.Wiltshire et al.06-04-26 Decision Crown Employees Commission de Nj 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# 2003-1862,2003-1863 2003-1864 2003-1865 2003-1866 2003-1867 2003-1868 2003-1869 2003-1870 2003-1871 UNION# 2003-0341-0016 2003-0341-0017 2003-0341-0018 2003-0341-0019 2003-0341-0020 2003-0341-0021 2003-0341-0022, 2003-0341-0023 2003-0341-0024 2003-0341-0025 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (WiltshIre et al ) Union - and - The Crown III 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 Lucy Neal Semor Staff RelatIOns Officer Mimstry of Commumty Safety and CorrectIOnal ServIces HEARING January 30 2006 2 DeCISIon In September of 1996 the MmIstry of CorrectIOnal ServIces notIfied the Umon and employees at a number of provmcIaI 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 pohcy 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 filhng of correctIOnal officer posItIOns In response to these gnevances the partIes entered mto dIscussIOns and ultImately agreed upon two Memoranda of Settlement concernmg the apphcatIOn of the collectIve agreement dunng the "first phase of the MmIstry's transItIOn" One memorandum, dated May 3, 2000 (heremafter referred to as "MERC I" (MmIstry Employment RelatIOns CommIttee)) outhned condItIons for the correctIOnal officers wIllIe 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 prmcIples and settled all of the gnevances IdentIfied m the related MERC appendIces, filed up to that pomt m tIme 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 nnplementatIOn of the memoranda. Accordmgly, they agreed, at Part G, paragraph 8 The partIes agree that they wIll request that FehcIty Bnggs, VIce Chair of the Gnevance Settlement Board wIll be seIzed wIth resolvmg any dIsputes that anse from the nnplementatIOn of tlllS agreement 3 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 filhng those posItIOns as they become aVailable throughout varIOUS phases of the restructunng GIven the complexIty and SIze of the task of restnlctunng and decommIssIOmng of mstItutIOns, It IS not surpnsmg that a number of gnevances and dIsputes arose ThIS IS another of the dIsputes that have ansen under the MERC Memorandum of Settlement When I was mItIally mVIted to hear theses transItIOn dIsputes, the partIes agreed that process to be followed for the determmatIOn of these matters would be vIrtually IdentIcal to that found m 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 determme the gnevance by arbItratIOn When detennmmg the gnevance by arbItratIOn, the mediator/arbItrator may hmIt the nature and extent of the eVIdence and may Impose such condItIons as he or she consIders appropnate The mediator/arbItrator shall gIve a succmct decIsIOn wIthm five (5) days after completmg proceedmgs, unless the partIes agree otherwIse The transItIOn commIttee has dealt wIth dozens of gnevances and complamts 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, m accordance wIth my jUnSdIctIOn to so detennme, that gnevances are to be presented by way of 4 each party presentmg a statement of the facts wIth accompanymg submIssIOns NotwIthstandmg that some gnevors mIght wIsh to attend and provIde oral eVIdence, to date, tlllS process has been efficIent and has allowed the partIes to rem am relatIvely current wIth dIsputes that anse from the contmumg transItIOn process Not surpnsmgly, m a few mstances there has been some confusIOn about the certam facts or sImply msufficIent detail has been provIded. On those occaSIOns I have dIrected the partIes to speak agam wIth theIr prmcIples to ascertam the facts or the ratIOnale behmd the partIcular outstandmg matter In each case thIS has been done to my satIsfactIOn It IS essentIal m thIS process to aVOId accumulatmg a backlog of dIsputes The task of resolvmg these Issues m a tImely fashIOn was, from the outset, a formIdable one WIth ongomg changes m MmIstenal boundanes and other organIzatIonal alteratIOns, the task has lately become larger, not smaller It IS for these reasons that the process I have outlmed IS appropnate m these CIrcumstances Nme CorrectIonal Officers and a Cook who were workmg at MIllbrook CorrectIOnal Centre m May of 2003 filed gnevances that alleged mIleage and travel tIme were owmg dunng theIr "temporary assIgnments" The gnevors had receIved theIr assIgnments to work at Central East CorrectIOnal Centre However, a "Temporary AssIgnment OpportunItIes" bulletm was posted m the work place on Apnl 14, 2003 In that announcement the followmg was stated, m part 5 The TRILCOR Industnal OperatIOns wIll reqUIre the serVIces of mterested mdIvIduals who are employed at Millbrook CC as of Apnl 9, 2003 to undertake a temporary assIgnment m the Marker Plant and Tailor Shop to assIst WIth the transItIOn of the shop operatIOn from MIllbrook CC to Central East CorrectIOnal Centre If there are more classIfied employees than aVailable temporary assIgnments, the assIgnments wIll be awarded on the basIs of senIonty Please note that the surplus period of employees who accept a temporary assignment will not be triggered until the end of their temporary assignment. One of the gnevors, Douglas Porter apphed for the assIgnment and receIved the followmg letter dated May 1, 2003 I am pleased to advIse you that your apphcatIOn to rem am at MIllbrook CC subsequent to the decommISSIOnIng of the Centre to undertake a temporary assIgnment WIth the ongomg TRILCOR Industnal OperatIOns has been accepted. ThIS temporary assIgnment wIll supercede any other reportmg date you may be advIsed of today, If apphcable, whIch wIll be amended to take effect m conjUnctIOn wIth the end of your temporary assIgnment Instead, please report to Mr Jnn Nairn, Industnal Manager, TRILCOR, on May 5, 2003, at 0800 hrs to begm onentatIOn to your dutIes Dunng thIS temporary assIgnment, you wIll be compensated at the rate of Industnal Officer 1, or at your own current salary level, whIchever IS hIgher Please note that as thIS temporary assIgnment IS entIrely "voluntary" m nature, no travel tnne or other temporary expenses shall apply for the duratIOn of thIS temporary assIgnment A temporary assIgnment agreement wIll be completed outlmmg the details of your assIgnment and wIll be provIded to you m the very near future It was the posItIOn of the gnevors that "no temporary assIgnment IS voluntary, even If one competes for It" Further, the employees dId not mutually agree that there would be no travel tnne and mIleage for tlllS penod. The Employer asserted that temporary assIgnment opportunIty was as the result of a MERC agreement to allow a number of employees to rem am at the MIllbrook locatIOn for a further penod Employees were remmded m advance that voluntary assIgnments dId not bnng 6 about payment of travel tIme and mIleage Further, the employees dId not have theIr home posItIOn changed and therefore the gnevances should be denIed. The gnevances are dIsmIssed. In readmg through the matenal provIded It IS clear that the Employer and the UnIon agreed to allow as many employees as possible to rem am at the MIllbrook CorrectIOnal Centre and stave off havmg to change locatIOns to the CECC It IS worthy of note that many of these gnevors actually receIved an mcrease m salary dunng the penod of the temporary assIgnment Further, no employee was assIgned to tlllS duty Each apphed and accepted the work. There IS no doubt that the work was voluntary and for that reason no travel tIme and mIleage are owmg Dated m Toronto thIS 26th day of Apnl, 2006 Vice-Chair