Loading...
HomeMy WebLinkAbout2016-2074.Spencer.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# 2016-2074 UNION# 2016-0248-0039 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Spencer) 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] Jason Spencer filed a grievance dated November 23, 2016 claiming that management at the Hamilton Wentworth Detention Centre (“HWDC”) had not calculated the grievor’s hours in a fair and equitable manner in that his hours at the Toronto South Detention Centre (“TSDC”) were not counted when considering Mr. Spencer’s total hours in order that he may be ranked with other Fixed Term Correctional Officers being considered for permanent positions. [8] This grievance appears to have some history. Mr. Spencer had moved his Fixed Term Contract from TSDC to HWDC without engaging in the MERC transition process. As there had been no break in his service, the parties ultimately agreed -3- that the grievor’s hours at TSDC would be counted towards a calculation of the grievor’s seniority. In accordance with Minutes of Settlement reached in this matter, the grievor was rolled over and all of the TSDC hours have been credited to him so that his Continuous Service Date (“CSD”) is now September 7, 2015. However, the grievor claims that since he should have been rolled over sooner, he wishes to be compensated with a recalculation of vacation time, overtime for which he was not considered, and a merit increase. [9] By the grievor and the representative of the institution circumventing the MERC, the wait list was bypassed, and the grievor went directly to the HWDC. That is not the process the parties have agreed upon, and actions of the sort that occurred in this case are not to be encouraged. Having regard to the fact that the Employer has recognized Mr. Spencer’s prior straight time hours worked at the TSDC, and since this grievor has been rolled over into a permanent position, I am satisfied that in all of the circumstances of this case, that resolves the grievance. The claims for various compensation, other than seniority which has already been granted, are hereby denied. Dated at Toronto, Ontario this 25th day of April, 2019. “Gail Misra” ______________________ Gail Misra, Arbitrator