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HomeMy WebLinkAbout2022-11453.Union.24-03-04 Decision Crown 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# 2022-11453 UNION# 2022-0108-0398 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Union) 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 Treasury Board Secretariat Ministry of the Solicitor General Manager, Labour Strategy & Employee Transition HEARING December 8, 2023 and February 28, 2024 -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 process has served the parties well. The decisions are without prejudice but attempt to provide guidance for future disputes. [7] On December 13, 2022 the Local Union filed a Union grievance claiming that the Elgin-Middlesex Detention Centre (“EMDC”) had violated various provisions of the collective agreement by failing to post and fill existing vacancies, and/or to “roll over” employees into positions at that institution. By way of remedy, the Union sought to have the Employer directed to post and fill all existing vacancies and to roll over employees into positions in accordance with the collective agreement. [8] The Employer submits that at around that time, during the COVID-19 pandemic, the Elgin-Middlesex Regional Intermittent Centre (“RIC”) was closed, reducing the EMDC complement by approximately 18 Correctional Officer (“CO”) positions. As those COs had to be absorbed into other positions, the Union and Employer had -3 - agreed that the Employer would try to fill current vacancies with the displaced individuals wherever possible. That was the reason that the EMDC appeared to have vacancies at the time while the process to relocate the RIC staff was undertaken. [9] Since the filing of the grievance there have been two Memoranda of Agreement (“MOA”) reached between the parties to engage the rollover process at EMDC. The first MOA dated December 22, 2022, resulted in the rollover of three fixed-term COs into the regular service effective January 23, 2023. The second MOA dated June 16, 2023 resulted in the rollover of nine fixed-term COs into regular service effective July 10, 2023. [10] Having heard the submissions of the parties and reviewed the evidence before me, I find that there was a valid reason for holding vacancies open at the time, and since December 2022, when the grievance was filed, the Employer and Union have engaged in the rollover process as needed to fill vacancies at EMDC. [11] For the reasons outlined above, the grievance is hereby dismissed. Dated at Toronto, Ontario this 4th day of March 2024. “Gail Misra” Gail Misra, Arbitrator