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HomeMy WebLinkAbout2010-0167.MacDonald.10-12-09 Decision Commission de Crown Employees Grievance UqJOHPHQWGHVJULHIV Settlement Board GHVHPSOR\pVGHOD Couronne Suite 600 Bureau 600 180 Dundas St. West 180, rue Dundas Ouest Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 7pO   Fax (416) 326-1396 7pOpF   GSB#2010-0167 UNION#2010-0369-0018 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (MacDonald) Union - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Employer BEFOREBarry Stephens Vice-Chair FOR THE UNIONScott Andrews, Tim Mulhall Grievance Officers Ontario Public Service Employees Union FOR THE EMPLOYERKaren Martin, Brian Scott Ministry of Government Services Employee Relations Division Staff Relations Officer HEARING November 26, 2010. - 2 - Decision [1]The parties have agreed to an Expedited Mediation-Arbitration Protocol. It is not necessary to reproduce the entire Protocol here. Suffice it to say that the parties have DJUHHGWRD³7UXH0HGLDWLRQ$UELWUDWLRQ´SUocess, wherein each provides the Vice-Chair with submissions, which include the facts and authorities each relies upon. This decision is issued in accordance with the Protocol and with Article 22.16 of the collective agreement, and is without prejudice or precedent. [2]The grievance in this case relates to the grieYRU¶VFODLPWRRSWRXWof escort training in accordance with the protocol negotiated between the parties on July 11, 2004. The Questions and Answers document related to that protocol, which is itself a jointly agreed GRFXPHQWVWLSXODWHVWKDWD³RQHWLPHRSSRUWXQLW\´WRRSWRXWRIPDQGDWRU\HVFRUWWUDLQLQJ was available to all correctional officers who ZHUH³FODVVLILHGDVRI-XO\´7KH grievor argues that she should have this right, either as a result of the fact that she was a classified CO prior to July 11, 2004, or that it became retroactively applicable to her when CNCC was transferred to the jurisdiction of the OPS on November 9, 2006. [3]The employer responds that the agreement between the parties governing the transfer of CNCC to the OPS, dated September 18, 2006, is silent on the one-time opportunity offered under the escort training protocol. The latter protocol language is clear, however, and states that the one-time opportunity was available only to employees who were classified Correctional Officers on July 11, 2004. On that date the grievor was not an employee of the OPS and clearly did not hold the position of a classified CO within the OPS. Moreover, although the grievor worked for the OPS in the past, she left the OPS prior to - 3 - July 11, 2004 in order to take a position at CNCC when it was not part of the OPS. Her status as an OPS employee has no bearing on the fact that she was not a classified CO on July 11, 2004. Moreover, the employer argues, the required status was not conferred retroactively on the grievor by the transition agreement or otherwise. [4]After reviewing the submissions of the parties and the collective agreement, it is my conclusion that the grievance should be dismissed. th Dated at Toronto this 9 day of December 2010. Barry Stephens, Vice-Chair