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HomeMy WebLinkAbout2020-2319.Cheriakara.2022-11-07 DecisionCrown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 GSB#2020-2319 UNION#2020-5112-0265 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Cheriakara) 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 September 28, 2022 and November 1, 2022 - 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 the Solicitor General as well as the Ministry of Children, Community and Social Services restructuring initiatives around the Province. Through the MERC (Ministry Employee 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. - 3 - [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] Joseph Cheriakara is a Correctional Officer (CO) at the Toronto South Detention Centre (TSDC). On November 23, 2020 he filed a grievance claiming breaches of various provisions of the collective agreement. Mr. Cheriakara asserts that he was wrongfully told by the Employer that he had to resign from his previous Regular Service OPS position in order to accept a FXT CO position. This has caused a break in his service and has thus negatively affected his Continuous Service Date (CSD). He further claims that many other individuals have been permitted to transition from an OPS Regular Service position to a CO position and have kept their original CSD upon being rolled over. The grievor believes he received differential treatment. [8] On October 28, 2019 the grievor filed essentially the same grievance as is presently before me. In a decision between these same parties dated September 30, 2020, (2020 CanLII 74278 (ON GSB)), I outlined the facts regarding Mr. Cheriakara’s employment history, considered the language of the collective agreement, made reference to the many decisions that have dealt with similar facts to those in this grievor’s case, and dismissed the grievance. [9] By the time Mr. Cheriakara filed the present grievance on November 23, 2020, he had the benefit of that decision. It appears he does not accept it. However, this issue - 4 - has been decided, the grievor was unsuccessful in his claim, and filing another grievance about the same issue will not change anything. [10] Having considered the submissions of the parties, and for the reasons outlined above, this grievance is hereby dismissed. Dated at Toronto, Ontario this 7th day of November 2022. “Gail Misra” _________________ Gail Misra, Arbitrator