GSB# 2003-0519, 2003-0520, 2003-0521, 2003-0522, 2003-0523
UNION# 2003-0220-0001, 2003-0220-0002, 2003-0220-0003, 2003-0220-0004, 2003-0220-0005
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Sostar et al.)
Grievor
- and -
The Crown in Right of Ontario (Ministry of Public Safety and Security)
Employer
BEFORE
Felicity D. Briggs
Vice-Chair
FOR THE UNION
Scott Andrews Grievance Officer Ontario Public Service Employees Union
FOR THE EMPLOYER
Greg Gledhill Staff Relations Officer Ministry of Public Safety and Security
HEARING
August 11, 2003.
DECISION
In September of 1996 the Ministry of Correctional Services notified the Union and employees at a number of provincial correctional institutions that their facilities would be closed and/or restructured over the next few years. On June 6, 2000 and June 29, 2000 the Union filed policy and individual grievances that alleged various breaches of the collective agreement including article 6 and article 31.15 as well as grievances relating to the filling of correctional officer positions. In response to these grievances the parties entered into discussions and ultimately agreed upon two Memoranda of Settlement concerning the application of the collective agreement during the “first phase of the Ministry’s transition”. One memorandum, dated May 3, 2000 (hereinafter referred to as “MERC 1” (Ministry Employment Relations Committee)) outlined conditions for the correctional officers while the second, dated July 19, 2001 (hereinafter referred to as “MERC 2”) provided for the non-correctional officer staff. Both agreements were subject to ratification by respective principles and settled all of the grievances identified in the related MERC appendices, filed up to that point in time.
While it was agreed in each case that the settlements were “without prejudice or precedent to positions either the union or the employer may take on the same issues in future discussions”, the parties recognized that disputes might arise regarding the implementation of the memoranda. Accordingly, they agreed, at Part G, paragraph 8:
The parties agree that they will request that Felicity Briggs, Vice Chair of the Grievance Settlement Board will be seized with resolving any disputes that arise from the implementation of this agreement.
It is this agreement that provides me with the jurisdiction to resolve the outstanding matters.
Both MERC 1 and MERC 2 are lengthy and comprehensive documents that provide for the identification of vacancies and positions and the procedure for filling those positions as they become available throughout various phases of the restructuring. Given the complexity and size of the task of restructuring and decommissioning of institutions, it is not surprising that a number of grievances and disputes arose. This is one of the numerous decisions dealing with disputes under the MERC Memoranda of Agreement.
Five grievances were filed on behalf of fourteen employees at the Burtch Correctional Centre. They grieved that the Employer violated the terms and conditions of the MERC 1 Memorandum of Settlement when, on January 15, 2003, it ordered the Correctional Officers to take the Young Offender training at Sprucedale. The training actually took place beginning on January 27, 2003 at the Burtch Correctional Centre site. It lasted for a two week period and during that time there were no inmates at the facility.
Paragraph 6 of Part A the MERC 1 Memorandum of Agreement stated:
The employees will remain at their current work site until the date the institution no longer houses any inmates or another date agreed to by the employer and the employee. Upon mutual agreement employees may be temporarily assigned elsewhere until their placement occurs.
The grievors have requested that their mileage and travel time during this period be paid.
I am of the view that the grievances must be succeed. The grievors were only to continue to be placed at the Burtch Correctional Centre until such time as the inmates were gone. Once the inmates were moved out of the facility the grievors were entitled to be paid mileage and travel time costs for those days that they were ordered to attend at Burtch Correctional Centre.
For those reasons, the grievances succeed.
Dated in Toronto this 28th day of October, 2003.