HomeMy WebLinkAbout2019-1556.McPhail.21-03-23 DecisionCrown Employees
Grievance
Settlement Board
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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# 2019-1556
UNION# 2019-0368-0250
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(McPhail) 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 February 18 and March 19, 2021
-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] Michael McPhail, a Corrections Officer at the Central East Correctional Centre, filed a
grievance dated August 27, 2019. The grievor states that he was not awarded hours for
the week ending January 6, 2019 despite having shown repeatedly that he had worked
-3-
40 hours and was paid for 40 hours in that week. The remedy sought is that the grievor
be credited with the hours in question.
[8] The parties reviewed the records relating to the grievor’s claim, and the Employer
conceded that an error had been made. By July 2020 the grievor’s calculation of his
Appendix 24 (seniority) straight time hours had been amended to reflect the addition of
the 40 hour week that had been grieved. As such, this grievance is now moot, and is
hereby dismissed.
Dated at Toronto, Ontario this 23rd day of March, 2021.
“Gail Misra”
_____________________
Gail Misra, Arbitrator