HomeMy WebLinkAbout2019-0187.Lu et al.21-10-06 DecisionCrown Employees
Grievance
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GSB# 2019-0187
UNION# 2019-5112-0030
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Lu et al) 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
Ministry of the Solicitor General
Manager, Employee Transition Unit
HEARING February 18, 2021 and October 4, 2021
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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] A group grievance, with Harvey Lu as the lead grievor, was filed on March 4, 2019
at the Toronto South Detention Centre (“TSDC”). The grievance claims that the
Employer made errors in calculating the start dates in HPRO for the group of grievors
when they were rolled over into classified status. It is alleged that has led to them
suffering diminished opportunities for vacation, other time off and other seniority-
based entitlements. The remedy sought is that their respective Continuous Service
Dates (“CSD”) be corrected to reflect their correct start dates.
[8] In all it appears that there were 11 grievors in the group. The parties have reviewed
the records relating to each individual’s calculation of CSD. I have been provided
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with these calculations, and based on the submissions of the parties, I direct the
Employer to amend the Continuous Service Dates of these individuals as follows:
Name: CSD:
AGYAPONG-MENSAH, GEORGE 04/07/2014
COLOVIC, ALEKSANDAR 05/12/2014
DUPONT, ROBERT 03/17/2014
GNANAM, ALLEN 05/05/2014
HOWES, JONATHAN 01/20/2014
LU, HARVEY 04/28/2014
MILLER, GEOFFREY 05/12/2014
MILLS, STEVEN 04/07/2014
SPEZIALI, DEAN 05/19/2014
SZYMCZAK, ADAM 04/07/2014
[9] As will be obvious to some of these individuals, for two people there was no change
in their CSD as a result of the re-calculation; for seven people, their re-calculated
CSD is later than what it had been in WIN; and for two people their CSD has moved
to an earlier date. Since all of these individuals had requested a review of their
respective CSDs claiming that there had been an error, the recalculations will now
be adopted. However, as there have been some winners and some losers in this
process, I direct that while the grievors’ CSDs are to be changed, no further
grievances may be filed as a result of how the changes now being made would have
or should have affected anyone impacted by the errors in these individuals’ CSDs.
[10] The Employer is directed to effect the changes for those individuals who have had
their CSD amended as soon as possible following the issuance of this decision.
[11] I will remain seized in the event there are any issues that arise out of the
implementation of this decision.
Dated at Toronto, Ontario this 6th day of October, 2021.
“Gail Misra”
_________________________
Gail Misra, Arbitrator