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HomeMy WebLinkAbout2017-3813.Bourgeois.19-04-25 DecisionCrown 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# 2017-3813 UNION# 2018-0642-0005 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Bourgeois) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFORE Gail Misra Arbitrator FOR THE UNION Dan Sidsworth Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Al. J. Quinn Ministry of Community Safety and Correctional Services Senior Employee Transition Advisor HEARINGS January 18, 2019 and April 18, 2019 -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] Michael Bourgeois is a Correctional Officer at the Monteith Correctional Complex. He filed a grievance dated January 26, 2018 claiming that the Employer had improperly calculated his vacation credits because it failed to do so from March 9, 2009. The grievor also asserts that his Continuous Service Date (“CSD”) should be March 9, 2009. [8] In a previous decision between these same parties, and with respect to this same grievor, OPSEU (Bourgeois) v. MCSCS, GSB#2017-0503, November 6, 2017 (Briggs), the Board had outlined why Mr. Bourgeois’ CSD should be October 6, 2014, and not the March 2009 date he sought. The decision noted as follows: -3- 7. Mr. Michael Bourgeois was a driver/storekeeper at the Monteith Jail from March of 2009 until October 2014. He then successfully took the necessary training at Bell Cairn and became a Correctional Officer. He resigned his position of driver/storekeeper as of October 3, 2014 and began working as a fixed term CO. 8. In March of 2017 he was rolled over into a regular full time CO position and his CSD was calculated to be October 6, 2014. Mr. Bourgeois challenged this calculation taking the position that his employment as a driver/storekeeper should have been taken into account. … 10. The grievor resigned his employment on October 3, 2014 and therefore the grievance is denied. [9] The grievor has filed this current grievance essentially seeking to re-argue the same issue that has already been decided. The facts have not changed: He resigned from his employment on October 3, 2014 to take a job as a fixed term Corrections Officer. Pursuant to Article 18.4 of the collective agreement, continuous service is deemed to have been broken, or terminated, when an employee resigns. As such, the grievor had a break in his service, and there is no basis whatsoever for his service to go back to March 9, 2009, for any purpose, whether for his CSD or for vacation entitlement. [10] For the reasons outlined above, this grievance is denied. Dated at Toronto, Ontario this 25th day of April, 2019. “Gail Misra” ______________________ Gail Misra, Arbitrator