GSB#2013-2478

UNION#2013-0220-0005

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Glousher 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

Nick Mustari Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

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

HEARING SUBMISSIONS

June 9, 2014 June 26, 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 these 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.

7A number of individuals working at Bluewater Youth Centre filed grievances regarding their redeployment.

8The grievors were given a number of options regarding their employment stability including moving to the Sarnia Jail. At the time of their election it was thought – indeed it had been announced – that the Sarnia Jail would be closing within a relatively short period of time. Ultimately it was announced that the Sarnia Jail would not be closing.

9The grievors all now claim that had they known that the Sarnia jail would not be closing they would have made different elections. Some claim that the Ministry purposely misled them regarding the closure of the Sarnia Jail.

10Although I appreciate that the grievors made decisions based on the information they had at the time, a change in circumstance such as the Sarnia Jail not closing does not allow them to turn back the clock and make a new election. If this were allowed, dozens of job transfers and movements would have to be undone or redone and that would create administrative chaos and personal dislocation for others.

11There was no bad faith proven. It was anticipated that the Sarnia Jail would close and that was announced. For various reasons the Ministry had to reconsider this decision and it was eventually determined that the jail would remain open. Unfortunately, this unforeseen change caused the grievors some disadvantage in their view. I understand that but must dismiss the grievances because there has been no violation of the Collective Agreement or any MERC agreement.

12The following grievances are denied:

Grievor OPSEU File Number GSB Number

• Diana Glousher 2013-0220-0005 2013-2478

• Eric Mitchell 2013-0220-0006 2013-2479

• Tom Gibson 2013-0220-0007 2013-2480

• Nancy Verbeek 2013-0220-0008 2013-2481

• Gary Garniss 2013-0220-0009 2013-2482

• Anjela McCool 2013-0234-0324 2013-2391

• Jennifer Black 2013-0234-0323 2013-2390