HomeMy WebLinkAbout2019-2598.Faccin.20-09-30 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# 2019-2598
UNION# 2019-0234-0298
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Faccin) Union
- and -
The Crown in Right of Ontario
(Ministry of the Solicitor General) Employer
BEFORE
Gail Misra
Arbitrator
FOR THE UNION
Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Michelle LaButte
Treasury Board Secretariat
Employee Relations Advisor
HEARING July 10 and September 28, 2020 (by
videoconference)
-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 (now, the Ministry of the Solicitor General) 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] David Faccin is a Fixed Term (“FXT”) Correctional Officer (“CO”) at the Vanier Centre for
Women (“Vanier”). He filed a grievance on December 2, 2019 claiming that although he
had filed an Expression of Interest, contrary to Appendix COR19 and Appendix 24 of the
collective agreement, the Employer did not include him in a rollover to a full-time
permanent CO position. By way of remedy, among other things, the Grievor seeks to be
immediately converted to permanent status and seeks full redress.
-3-
[8] The Grievor believes that on some unspecified date he was bypassed on a rollover of
COs at Vanier. Given the date of the grievance, it appears that Mr. Faccin was grieving
regarding the November 6, 2019 Memorandum of Agreement (“MOA”) between the
parties, pursuant to which there were to be eight CO rollovers at Vanier.
[9] Mr. Faccin had taken a secondment from his FXT CO position at Vanier to a temporary
assignment as an Industrial Officer at the Maplehurst Correctional Complex in January
2018. He remained in that assignment until April 28, 2019, at which time he returned to
his position at Vanier as a FXT CO.
[10] As noted above, pursuant to the MOA between the Union and Employer, on November
6, 2019 eight FXT COs at Vanier were to be rolled over to the regular service. At that
juncture, the Grievor had returned as a FXT CO at Vanier as of April 28, 2019. In order
to be eligible for rollover an individual must have worked as a FXT CO for a minimum of
one year immediately preceding the posting seeking Expressions of Interest in that
facility. The Grievor did not meet that threshold qualification as he had been working at
Maplehurst as an Industrial Officer until the end of April 2019, so he was not considered
for rollover in November 2019.
[11] Having considered the facts, and the submissions of the parties, and for the reasons
outlined above, this grievance is dismissed.
Dated at Toronto, Ontario this 30th day of September, 2020.
“Gail Misra”
_____________________
Gail Misra, Arbitrator