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HomeMy WebLinkAbout2017-1043.da Costa.17-11-06 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#2017-1043 UNION# 2017-5112-0163 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (da Costa) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Felicity D. Briggs Arbitrator FOR THE UNION Gregg Gray and Dan Sidsworth Ontario Public Service Employees Union Grievance Officers 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 August 27, 2017 and November 1, 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. [7] Mr. Kevin da Costa is a Correctional Officer working at Toronto South Detention Centre. He filed a grievance that alleged the Employer has improperly calculated - 3 - his Continuous Service Date. It is the grievor’s view that his service and seniority that he earned while working at Syl Apps should be taken into account for the purposes of determining his CSD. [8] The Employer urged that the grievance must be denied because during the period which the grievor claims should be taken into account he was not a member of the Ontario Public Service. Indeed, he was the employee of an altogether different employer. Accordingly, he was not an employee and therefore not entitled to have that service taken into account for the purposes of his CSD. [9] Notwithstanding the Union’s submissions on behalf of the grievor, I must agree with the Employer. There is nothing in Article 18 or elsewhere in the Collective Agreement that would entitle the grievor to have his seniority and service earned with another employer to be taken into account in the determination of his CSD. The grievance is dismissed. Dated at Toronto, Ontario this 6th day of November 2017. Felicity D. Briggs, Arbitrator