HomeMy WebLinkAbout2017-0086.Walker.19-04-25 DecisionCrown Employees
Grievance Settlement
Board
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180 Dundas St. West
Toronto, Ontario M5G 1Z8
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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# 2017-0086
UNION# 2017-0234-0040
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Walker) 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
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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] Beverley Walker filed a grievance dated February 28, 2017 claiming that the
Employer had improperly calculated her Continuous Service Date (“CSD”). The
grievor works at the Maplehurst Correctional Complex.
[8] The grievor’s current CSD is September 13, 2010.
[9] Having reviewed the documents before me regarding the grievor’s hours, and having
heard the parties’ submissions regarding their assessment of this issue, I agree with
them that the grievor’s CSD should be amended to September 6, 2010.
-3-
[10] The grievance is therefore upheld to the extent that the Employer is directed to
amend the grievor’s CSD to September 6, 2010.
Dated at Toronto, Ontario this 25th day of April, 2019.
“Gail Misra”
______________________
Gail Misra, Arbitrator