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HomeMy WebLinkAbout2008-2538.Tessier.09-06-10 Decision Commission de Commission de Crown Employeess Grievance Settlement Grievance Settlement règlement des griefs règlement des griefs BoardBoard des employés de la des employés de la Couronne Couronne Suite 600 Suite 600 Bureau 600 Bureau 600 180 Dundas St. West 180 Dundas St. West 180, rue Dundas Ouest 180, rue Dundas Ouest Toronto, Ontario M5G 1Z8 Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tel. (416) 326-1388 Tél. : (416) 326-1388 Tél. : (416) 326-1388 Fax (416) 326-1396 Fax (416) 326-1396 Téléc. : (416) 326-1396 Téléc. : (416) 326-1396 GSB#2008-2538 GSB#2008-2538 UNION#2008-0337-0006UNION#2008-0337-0006 IN THE MATTER OF AN ARBITRATION IN THE MATTER OF AN ARBITRATION UUnnddeerr THE CROWN EMPLOYEES COLLECTHE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT TIVE BARGAINING ACT BBeeffoorree THE GRIEVANCE SETTLEMENT BOARD THE GRIEVANCE SETTLEMENT BOARD BETWEENBETWEEN Ontario Public Service Employees Union (Tessier) Union - and - The Crown in Right of Ontario (Ministry of Children and Youth Services) Employer BEFOREVice-Chair Felicity D. Briggs FOR THE UNION Stephen Giles Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYERLinda Elliott Ministry of Community Safety and Correctional Services Deputy Superintendent HEARING October 31, 2008 and May 28, 2009. -2- [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]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. 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. [4]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. [5]Ms. Lana Tessier was a Correctional Officer with the Ministry of Community Safety and Correctional Services. In 2001 she filed a grievance -3- and it was resolved in 2003 by way of Memorandum of Agreement. That Agreement provided, in part, that ?both parties agree to work toward a permanent transfer from TEDC to Brookside Youth Centre for Lana Tessier.? [6]Accordingly Ms. Tessier was working temporarily as a Youth Services Officer at Brookside. However, her home position continued to be at Toronto East Detention Centre. During her time at Brookside the grievor was not given a permanent position at Brookside. By all accounts during much of this time there were overages in positions at Brookside. Additionally, when some staff were rolled over into permanent positions at Brookside, the grievor was on a temporary assignment with the Ontario Provincial Police. [7]It was Employer?s assertion that there was never a vacancy at Brookside to place the grievor into during her time there. Therefore, at all times her home position was with Toronto East Detention Centre. The Union provided no evidence to the contrary. [8]Brookside Youth Centre lost one unit because some young offenders were being moved to the Roy McMurtry Youth Centre in Brampton. As a result, in June of 2008 fourteen officers were notified that they would be surplussed. [9]Ms. Tessier has now grieved that the Employer should ?have made me a full time staff at Brookside thus enabling me to opt for surplus status under the -4- current agreement.? By way of remedy Ms. Tessier wants to be offered a surplus package. [10]I must deny this grievance. I am of the view that the Employer did not violate the original Memorandum of Agreement. The staff overage position that the Employer found itself in would preclude the grievor from becoming ?full time staff at Brookside?. Simply put, there have been no full time vacancies at Brookside for the Employer to assign to the grievor. There was no evidence from the Union that there was any bad faith involved in this regard. [11]Accordingly, she is not entitled to a surplus package and her grievance is dismissed. th Dated in Toronto this 10 day of June 2009. Felicity D. Briggs, Vice-Chair