HomeMy WebLinkAbout2004-2763.Hackel et al.12-04-18 DecisionCrown Employees
Grievance Settlement
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Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2004-2763
UNION#2004-0263-0005
Additional files in attached Appendix “A” List
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Hackel et al) Union
- and -
The Crown in Right of Ontario
(Ministry of Children and Youth Services) Employer
BEFORE Felicity D. Briggs
Vice-Chair
FOR THE UNION Sandra Harper
Ontario Public Service Employees Union
Job Security Officer
FOR THE EMPLOYER Karen Martin
Ministry of Government Services
Centre for Employee Relations
Employee Relations Advisor
Linda Elliott
Ministry of Community Safety and
Correctional Services
Deputy Superintendent
HEARING March 12, 2012.
- 2 -
Decision
[1] In April of 2004 the Province of Ontario established a new Ministry of Child
and Youth Services. Included in that portfolio is responsibility for managing
youth in conflict with the law. It was determined that the youth should be
completely separated from adult offenders in established correctional
facilities. This decision caused various operational changes within the
Ministry of Child 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.
[3] Since 2004 there have been various bed closures and transfers. In order to
institute these changes with the least amount of disruption, the parties have
agreed to a number of MERC Agreements. It has been consistently agreed
that I would be seized of any disputes that arose as the result of these changes.
[4] As in the “transition process” established earlier 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. It was also hoped that an expedited process could bring about an
earlier resolve to outstanding matters.
[5] Also like the Corrections Transition Process, these decisions are without
prejudice or precedent.
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[6] At a recent med/arb session the parties put before the Board a number of
grievances. Facts and submissions were provided and it was agreed that a
decision should be issued that merely sets out “the bottom line.” Accordingly,
I order the disposition set out in Appendix “A”:
Dated at Toronto this 18th day of April 2012.
Felicity D. Briggs, Vice-Chair
Appendix “A”
GSB Number Grievor Name OPSEU #
2004‐2764 Duval, Donna 2004‐0263‐0006
2004‐2765 Faulkner, Laurie‐Ann 2004‐0263‐0007
2004‐2766 Franklin, Garth 2004‐0263‐0008
2004‐2767 Gidge, Sherry 2004‐0263‐0009
2004‐2768 Peirce, Georgia 2004‐0263‐0010
2004‐3563 Martin, Kim 2005‐0263‐0002
2005‐0809 Stephenson, Shelley 2005‐0263‐0006
2005‐2171 Faulkner, Laurie‐Ann 2005‐0263‐0014
2005‐2172 Faulkner, Laurie‐Ann 2005‐0263‐0015
2005‐2173 Faulkner, Laurie‐Ann 2005‐0263‐0016
2005‐2174 Faulkner, Laurie‐Ann 2005‐0263‐0017
2005‐2175 Haggett, Roger 2005‐0263‐0021
2005‐2176 Haggett, Roger 2005‐0263‐0022
2005‐2177 Haggett, Roger 2005‐0263‐0023
2005‐2481 Good, Rhonda 2005‐0263‐0029
2005‐2487 Good, Rhonda 2005‐0263‐0030