HomeMy WebLinkAbout2008-1798.Scheffel.08-10-02 Decision
Commission de
Crown Employees
Grievance Settlement
règlement des griefs
Board
des employés de la
Couronne
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GSB#2008-1798
UNION#2008-0220-0006
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Scheffel)
Union
- and -
The Crown in Right of Ontario
(Ministry of Children and Youth Services)
Employer
BEFOREVice-Chair
Felicity D. Briggs
FOR THE UNIONStephen Giles
Grievance Officer
Ontario Public Service Employees Union
FOR THE EMPLOYERLinda Elliott
Ministry of Community Safety and
Correctional Services
Conference CallSeptember 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 be in stand-alone centres and 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 institutions involved in changes is the Sprucedale Youth Centre in Simcoe.
A number of Sprucedale beds are to move to the 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.
3
[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.
[6]On July 10, 2008, the parties agreed that ?for Employment Stability purposes and in
accordance with the Memorandum of Agreement dated April 14, 2008, the two
Recreational Officer positions at Sprucedale Youth Centre will be posted immediately
with an area of search restricted to Sprucedale Youth Centre classified Youth
Services Officers.? It was also agreed that ?the terms of this agreement are as the
result of the disentanglement of youth from Sprucedale Youth Centre.?
[7]In August of 2008, Jared Scheffel, a regular part time Recreational Officer at
Sprucedale filed a grievance alleging that the parties had violated the Labour
Relations Act by entering into the above noted Memorandum of Agreement thereby
disentitling him from access to the two Recreational Officer positions. By way of
remedy he wanted ?equal opportunity? to apply for these positions.
[8]After consideration of the submissions made by the parties, I am of the view that this
grievance must fail. The parties are free to negotiate terms and conditions that will
govern the disentanglement of youth services. In this case, the parties decided that in
order to maintain maximum employment stability for full time employees, the two
vacant Recreational Officer positions would be offered to the classified Youth
Service Officers at Sprucedale. By all accounts that determination was made in good
faith and for bona fide reasons. Simply put, there is nothing in that agreement which
is a violation of the Labour Relations Act or any other statute.
[9]For those reasons, the grievance is denied.
nd
Dated at Toronto, this 2 day of October, 2008.
Felicity D. Briggs, Vice-Chair