HomeMy WebLinkAbout2019-1980.Small.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# 2019-1980
UNION# 2019-5112-0220
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Small) 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 (now, the Ministry of Children, Community and Social
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] Sheldon Small is a Correctional Officer at the Toronto South Detention Centre (“TSDC”)
who filed a grievance on October 15, 2019 claiming that the Employer has improperly
calculated his Continuous Service Date (“CSD”). He seeks the rectification of his
seniority date as according to the grievance, Mr. Small started at the TSDC on
September 16, 2002, and did not miss any time, but his seniority date has been set at
September 20, 2003.
-3-
[8] Based on the parties’ submissions, and a review of his hours, it is clear that Mr. Small’s
Continuous Service Date (“CSD”) is correct. While the Grievor was hired as a fixed term
contract CO on September 16, 2002, that is not his CSD. Once Mr. Small was rolled
over into a permanent full time CO position, his CSD was calculated based on the
number of weeks that the Grievor had worked full time, 40 hours per week. Any weeks
in which he had not worked 40 hours do not get counted towards the calculation of his
CSD. It was as a result of that calculation that Mr. Small saw his CSD change in HPRO
to September 20, 2003, and I am satisfied that is the correct date based on his full time
weeks worked prior to his roll over.
[9] Having considered the facts and the submissions of the parties, and for the reasons
outlined above, this grievance is denied.
Dated at Toronto, Ontario this 30th day of September, 2020.
“Gail Misra”
_____________________
Gail Misra, Arbitrator