The URL can be used to link to this page

Home My WebLink About2022-1355.Martin et al.2023-03-14 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#2022-1355 UNION#2022-5112-0081 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Martin 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 November 1, December 14, 2022 and February 23, 2023 - 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. [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 - 3 - process has served the parties well. The decisions are without prejudice but attempt to provide guidance for future disputes. [7] A group grievance on behalf of seventeen (17) individuals, with John Martin as the lead grievor, was filed on March 11, 2022. All except one of the grievors work as classified Correctional Officers (CO) at the Toronto South Detention Centre (TSDC). One grievor was a fixed-term CO. For the majority, the grievance claims that the Employer made errors in calculating their respective Continuous Service Dates (“CSD”) after they were rolled over into the regular service. The remedy sought is that their respective CSDs be corrected to reflect their correct start dates, as they had started on Fixed-term contracts in October and December 2017. One person had not rolled over and was still a FXT CO as of March 2022, so he would want his hours to properly reflect his hours worked since he started. [8] The parties have reviewed the records relating to each individual’s calculation of CSD or hours. I have been provided with these calculations, and based on the submissions of the parties, I find that the Continuous Service Dates of sixteen of the grievors are as follows: Name: Current CSD listed as: CSD to be adjusted to: John MARTIN 16-Oct-17 10-Oct-17 Jacob Van FLEET 18-Dec-17 18-Dec-17 Rajdeep SANDHAR 16-Oct-17 11-Oct-17 Kreso TOVILO 16-Oct-17 16-Oct-17 Lucas MCKINLEY 23-Oct-17 09-Sep-17 John OGILVIE 26-Feb-18 23-Oct-17 Jean MURPHY 01-Jan-18 28-Dec-17 Jesse WHYTE 30-Oct-17 12-Oct-17 - 4 - Matthew ANDERSON 27-Nov-17 18-Oct-17 Rattandeep SANGHA 30-Oct-17 14-Oct-17 Charles MARAMBA 01-Jan-18 10-Oct-17 Daniel STONE 15-Jan-18 29-Dec-17 Jamal LOGAN 06-Aug-18 01-Jan-18 Natasha STANICH 21-May-18 28-Nov-17 Michael CESARINI 11-Feb-18 03-Jan-18 Sajeethan KANAGINGAM 26-Feb-18 06-Nov-17 [9] At the time of the filing of the grievance Nickolas WESTCOTT was and remains a FXT CO, and as such Appendix COR19 applies to him. As of March 20, 2022, this grievor had 7,072.50 hours. [10] As will be obvious from the above, for two people there was no change in their CSD as a result of the re-calculation, and for fourteen 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 a number of changes made to CSDs in this process, I direct that while fourteen of 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. The same applies for Mr. Westcott for any change in his accumulated hours worked. [11] The Employer is directed to effect the changes for those individuals who have had their CSD or hours amended as soon as possible following the issuance of this decision. - 5 - [12] 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 14th day of March 2023. “Gail Misra” _________________ Gail Misra, Arbitrator