HomeMy WebLinkAbout2008-1445.Tooke et al.08-10-03 Decision
Commission de
Crown Employees
Grievance Settlement
règlement des griefs
Board
des employés de la
Couronne
Suite 600 Bureau 600
180 Dundas St. West 180, rue Dundas Ouest
Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
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GSB#2008-1445, 2008-1534, 2008-1538, 2008-1539, 2008-1540, 2008-1933
UNION#2008-0220-0001, 2008-0220-0002, 2008-0220-0004, 2008-0220-0005, 2008-0220-0003,
2008-0220-0008
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Tooke et al)
Union
- and -
The Crown in Right of Ontario
(Ministry of Children and Youth Services)
Employer
BEFOREFelicity D. Briggs Vice-Chair
FOR THE UNION
Stephen Giles
Grievance Officer
Ontario Public Service Employees Union
FOR THE EMPLOYER
Linda Elliott
Ministry of Community Safety and
Correctional Services
Conference Call
September 24, 2008.
2
Decision
[1]In October of 2003 the Province of Ontario established a new Ministry of Children
and Youth Services. Included in that portfolio is responsibility for institutions/youth
centres managing youth in conflict with the law. It was determined that young
offenders should in stand-alone youth centres, completely separated from adults. This
decision is causing various operational changes within the Ministry of Children and
Youth Services as well as the Ministry of Community Safety and Correctional
Services.
[2]In order to achieve this goal it was necessary to build and commission new facilities
for youth in conflict with the law. While no existing youth facilities were to close,
some beds would be transferred to these new youth centres. Further, all youth beds
that are located in adult centres would be moved to the stand-alone youth centres.
[3]One of the youth centres involved in changes is the Sprucedale Youth Centre in
Simcoe. A number of Sprucedale beds are to move to the new Roy McMurtry Youth
Centre in Brampton. The impact of this move will be the closure of one unit at the
Sprucedale Youth Centre. Accordingly, the parties negotiated a Memorandum of
Agreement setting out the terms and conditions governing the movement of classified
and unclassified employees as the result of these organizational changes. The
preamble to that agreement stated:
On May 30, 2008, an agreement was reached between the Employer (Ministry of
Children and Youth Services; Ministry of Community Safety and Correctional Services)
and the Union (Ontario Public Service Employees Union) concerning the application of
the collective agreement during the transfer of youth in conflict with the law from the
Sprucedale Youth Centre in Simcoe, Ontario to Roy McMurtry Centre located in
Brampton Ontario. This document is the formal agreement between the parties.
[4]Included in that Memorandum is a provision stating that I would remain seized of any
implementation disputes that arose and it is that agreement that gives me the
jurisdiction to deal with the instant grievances.
[5] As in the earlier transition process for the Ministry of Community Safety and
Correctional Services, the parties were motivated by a wish to minimize lay-offs and
ensure, to the extent possible, employment stability.
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[6]A general meeting was held with the employees at Sprucedale on June 19, 2008, to
outline how the disentanglement would affect the Centre. During that meeting, which
was co-chaired by management and union representatives, information was provided
regarding various options available to staff. In the submissions provided to me, there
was no dispute between the parties that during this meeting some information which
was given was not completely accurate regarding retirement options. It was further
agreed by the parties that it was made clear by both representatives that the
information being provided needed to be checked elsewhere by people who had more
knowledge in this area. As it turns out, some of the information given was incorrect.
[7]It was common ground that once it became apparent to the parties that the
information provided was not accurate, they issued a joint communiqué to all affected
employees on June 24, 2008, with the corrected data. Further, the employees were
provided an extension of time to allow for their reconsideration of various options.
[8]Subsequently, six Youth Services Officers filed grievances that alleged the Employer
engaged in ?unfair labour practices? when it put forward ?enhanced severance
packages? as an option and then later ?reneged? on the offer. It was also contended
that this ?miscommunication? caused ?stress and mental anguish?. By way of
remedy, each grievor wanted the offer of an enhanced severance package restored.
[9]It is worth noting that notwithstanding the allegation of unfair labour practices, at
least two of the grievances state that the information was provided by the ?HR Lead?
in ?good faith?.
[10]After hearing the facts and submissions provided in these matters I must dismiss
the grievances. While I understand that the grievors were no doubt frustrated by the
unfolding events, these facts do not constitute a finding of ?unfair labour practices? or
any violation of the Collective Agreement or any existing Memorandum of
Agreement.
[11]The parties were agreed that some of the information that was provided on the
th
19 of June, 2008 was not correct. However, there was unanimity that a warning was
given at the meeting that the information needed to be checked with others who held
more expertise. In any event, a bona fide mistake in the information provided does
not, in and of itself, bring about a finding for the grievors.
4
[12]The grievors may have begun their deliberations regarding their employment
options with incorrect information. However, by all accounts as soon these facts
became known a joint communication was issued and further time was provided for
renewed considerations. While this situation was regrettable, it does not cause me to
find for the grievors. The grievances are denied.
rd
Dated at Toronto, this 3 day of October, 2008.
Felicity D. Briggs, Vice-Chair