GSB# 1999-1991, 1999-2007, 2000-0592, 2000-0598
UNION# 1999-0234-0078, 1999-0234-0032, 1999-0234-0041, 1999-0234-0073 1999-0234-0031, 1999-0234-0068, 1999-0234-0057, 1999-0234-0064
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Harnden et al.)
Union
- and -
The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)
Employer
BEFORE
Barry Stephens
Vice-Chair
FOR THE UNION
Stephen Giles Grievance Officer Ontario Public Service Employees Union
FOR THE EMPLOYER
Mike Briscoe Staff Relations Officer Ministry of Community Safety and Correctional Services
HEARING
June 2, 2005.
Decision
The parties agreed to an Expedited Mediation-Arbitration Protocol for the Maplehurst Correctional Complex. It is not necessary to reproduce the entire Protocol here. Suffice it to say that the parties have agreed to an expedited process wherein each party provides the vice-chair with written submissions, which include the facts and authorities the party intends to rely upon, one week prior to the hearing. At the hearing, oral evidence is not called, although the vice-chair is permitted to request further information or documentation. In addition, if it becomes apparent to either party, or the vice-chair, that the issues involved in a particular case are of a complex or significant nature, the case may be taken out of the expedited process and processed through “regular” arbitration. Although individual grievors often wish to provide oral evidence at arbitration, the process adopted by the parties provides for a thorough canvassing of the facts prior to the hearing, and leads to a fair and efficient adjudication process.
The grievors were all unclassified employees, who were converted to classified employees of the public service as a result of a Memorandum of Settlement dated August 26, 1998. The memorandum contained a provision that all unclassified employees paid at the CO1 level with at least 1912 hours of service, would be reclassified as CO2’s. In addition, the agreement provided for the conversion of a number of unclassified correctional officers. The grievors argue that the conversion constituted a promotion, and that the minimum pay increase provision in the collective agreement should apply to them, retroactive to the date of their conversion. The employer responds that the minimum pay increase provision applies to promotions only, and is not triggered by a conversion.
Having carefully reviewed the evidence presented and the submissions of the parties, and having considered the context of the August 26, 1998 Memorandum of Settlement, it is my view that there is no evidence of a breach of the collective agreement. As a result, the grievance is dismissed.
Dated at Toronto, this 1st day of September, 2005.