GSB#2012-0873, 2012-0874, 2012-4303, 2012-4304, 2012-4305, 2012-4306

UNION#2012-0517-0028, 2012-0517-0029, 2012-0108-0277, 2012-0108-0278, 2012-0108-0279, 2012-0108-0280,

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Santos et al)

Union

• and -

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

BEFORE

Felicity D. Briggs

Vice-Chair

FOR THE UNION

Tim Mulhall Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Greg Gledhill Ministry of Government Services Centre for Employee Relations Employee Relations Advisor

HEARING

September 17, 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.

7Six Correctional Officers from Elgin Middlesex Detention Centre and Toronto West Detention Centre grieved that the Employer violated Articles 2, 3 and 31.A.15.1.1 of the Collective Agreement by failing to convert them to classified status.

8The grievors were of the view that they have performed the same work for a period in excess of eighteen months and therefore ought to be converted to classified status.

9This Board has dealt with similar grievances in the past. In Re Ministry of Community Safety and Correctional Services and OPSEU (Khan et al) GSB#2009-0723, this Board stated, beginning at paragraph 8:

The Employer suggested that the complete answer to this issue is to be found at Appendix COR 9. In that provision the parties agreed that during the term of that Collective Agreement the Employer would “roll-over” thirty Youth Workers and 220 Correctional Officers to Regular Service or classified status. It also states:

For greater clarity, this complements and extends the MCSCS MERC Agreement signed February 12, 2008, to the end of this collective agreement (December 31, 2012).

At Paragraph 4 of the February 12, 2008 Memorandum of Agreement it was stated, in part:

The parties further agree that no additional grievances pertaining to Article 6; 31.A.5 and Appendix 20 will be advanced for the duration of this collective agreement.

After considering the facts and submissions in these matters, I am of the view that the Employer is correct. The parties agreed in February 12, 2008 to a specific number of Correctional Officer (and Youth Officer) positions to be “rolled-over” during the term of the Collective Agreement. This agreement was not dependent upon any criteria as might be found at Article 31.A.5 and, presumably for that consideration, the Union agreed that “conversion” grievances would not be advanced.

Accordingly I am without jurisdiction to determine these grievances and they are dismissed.

10The six grievances presently before this Board are virtually identical to those considered under Khan (supra). Accordingly, they are dismissed.