GSB#2012-1701, 2012-1702

UNION#2012-0547-0008, 2012-0547-0009

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Marcuccio 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

Tim Mulhall Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Karen Martin & Pauline Barr Ministry of Government Services Centre for Employee Relations Employee Relations Advisor

HEARING

April 2, 2013.

Decision

1Since 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 Community Safety and Correctional Services as well as the Ministry of Children and Youth Services restructuring initiatives around the Province. Through the MERC (Ministry Employment 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.

2The 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.

3Over 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.

4The parties have also negotiated a number of agreements that provide for the "roll-over" of fixed term staff to regular (classified) employee status.

5Hundreds 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.

6It was determined by this Board at the outset that the process for this 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.

7The nine grievors worked at Thistletown Residential Centre and allege that they should have been given notice payments in accordance with the Employment Standards Act. By way of remedy they seek those monies. Each worked in the STEP program and when that program ended, their work and therefore their employment ended.

8According to the Employer, the STEP program closed on July 20, 2012. However, it was hoped that the grievors could do other work that was available and therefore, all were offered work that had been previously done by fixed term employees in the TREAD program. They were also offered the training necessary to enable them to do the work. Each declined and given their refusal to perform no further compensation or entitlement is owing.

9According to the particulars provided, the grievors declined the work because it was quite different from their previous assignment. Further, work in the TREAD program was unfamiliar and could be unpredictable and sometimes involved working with violent client groups. Normally, staff did not cross-over from one program to another and therefore it was understandable that they declined the work.

10I am of the view that the grievances must fail. There was no dispute between the parties that there was work for the grievors to perform. While I appreciate that the work was different, training was offered and the grievors cannot just elect to leave while the Employer has work to be done and demand pay in lieu of notice.

11The grievances are dismissed.