GSB#2012-4321

UNION#2013-0617-0005

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Pierobon)

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

Nick Mustari and Gregg Gray Ontario Public Service Employees Union Grievance Officers

FOR THE EMPLOYER

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

Linda Elliott Ministry of Community Safety and Correctional Services Employee Transition Manager

HEARING

January 20, June 9, 2014

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.

7Mr. Derek Pierobon was a Youth Worker at Cecil Facer Youth Centre. He became classified in January of 2009. According to the grievor, at the time he was rolled over he disputed his hours and his "interim Continuous Service Date" which was stated to be January of 2005. The grievor contends that he spoke with an Office Manager in 2011 that he did not agree with his hours.

8In 2012 the parties agreed that there would be eight transitional job trades at the Sudbury Jail for the most senior Youth Officers at Cecil Facer. These positions were assigned to the most senior officers wishing to move to the Sudbury Jail.

9The grievor asserts that had his hours and CSD been properly calculated in 2009 he would have been the 8th most senior Youth Officer on the list and therefore would have received one of those eight positions. Instead, the Employer's improper calculations caused him to be placed ninth on the list and for that reason he took a transitional job trade to the Sault Ste. Marie Jail.

10A re-calculation of the grievor's hours was undertaken in December of 2012 and this brought about a change in his CSD to November of 2004.

11Mr. Pierobon is seeking full redress including $3700.00 for travel time and mileage. Accordingly to the Employer, Mr. Pierobon did not actually work many shifts at the Sault Ste. Marie Jail. He was temporarily assigned to the Sudbury Jail on compassionate grounds and has subsequently obtained a job trade with a Correctional Officer wanting to move to the Sault Ste. Marie Jail.

12As the result of the filing of the grievance, the Employer recalculated the grievor's CSD and found an error. At the same time, the CSD of the eighth person on the transitional job trade list, Mr. Ledrew, was recalculated. The Employer explained that Mr. Ledrew's hours were re-examined to ascertain the relative standing of Mr. Ledrew and the grievor. That re-examination determined that Mr. Ledrew's CSD was also incorrect. Employer documents revealed that the grievor continued to be in the ninth position according to his recalculated CSD.

13Accordingly, the grievance is dismissed.