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.
Decision
1In 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.
2In order to achieve this goal it was necessary to build and commission new facilities for youth in conflict with the law.
3Since 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.
4As 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.
5Also like the Corrections Transition Process, these decisions are without prejudice or precedent.
6At 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 17th day of April 2012.
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