HomeMy WebLinkAbout2008-2803.Max.09-10-21 Decision
Commission de Commission de
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règlement des griefs règlement des griefs
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GSB#2008-2803 GSB#2008-2803
UNION#2008-0618-0021UNION#2008-0618-0021
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
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THE GRIEVANCE SETTLEMENT BOARD THE GRIEVANCE SETTLEMENT BOARD
BETWEENBETWEEN
Ontario Public Service Employees Union
èÏÔÎÏ
(Max)
- and -
The Crown in Right of Ontario
(Ministry of Children and Youth Services)
Employer
BEFOREVice-Chair
Felicity D. Briggs
FOR THE UNIONSandra Harper
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYERLinda Elliott
Ministry of Community Safety and
Correctional Services
Elgin-Middlesex Detention Centre
Deputy Superintendent
HEARINGMay 28, 2009.
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DECISION
[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.
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[5]Ms. Simone Max is Youth Service Officer at Cecil Facer Youth Centre. She
has grieved that the Employer violated a MERC Agreement, the Collective
Agreement and the Lateral Transfer Policy. By way of remedy she requests
a transfer to the Sudbury Jail.
[6]There were seven vacancies at the Sudbury Jail. Ms. Max requested a lateral
transfer to the Sudbury Jail. It is her assertion that all positions that were a
result of the disentanglement agreement were to be filled by way of lateral
transfer and her request for transfer should have been granted.
[7]In fact, there was no dispute between the parties that four of the seven
positions at the Sudbury Jail were filled by roll-overs. The final three
positions were filled via lateral transfers. However, each of the employees
who received a lateral transfer to the Sudbury Jail had more seniority than
the grievor and for those reasons, the grievance must fail.
[8]I am of the view that the vacancies were filled appropriately and the
grievance is dismissed.
st
Dated at Toronto this 21 day of October 2009.
Felicity D. Briggs, Vice-Chair