GSB#2012-2207

UNION#2012-0617-0011

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Kosmyna)

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

HEARING

September 17, 2013 and January 20, 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.

7Robert Kosmyna is a Rehabilitation Officer at the Sudbury Jail. He filed a grievance alleging that the Cross Ministry MERC Agreements are "flawed and unfair toward non Correctional Officers."

8In his written statement the grievor sets out a number of examples that are "unfair" or "biased" against non-correctional staff. In particular he appeared frustrated that Youth Service Officers who have "totally different regulations, rules of conduct and philosophies" were given access to Correctional Officer positions while non-correctional staff working within the Ministry of Community Safety and Correctional Services were not.

9The grievor also appeared to be frustrated by the fact that people in his classification did not have the opportunity to be offered enhanced packages in an effort to provide work to a job threatened MCYS employee.

10While I understand the grievor's frustration, there is no violation of the Collective Agreement and I cannot find the MERC agreement to be either flawed or unfair. Just because not all classifications are treated exactly the same does not mean that the result is unfair or wrong. The parties put their minds to an agreement that provided job stability to job threatened employees. They did so in a way that both found acceptable.

11Accordingly, the grievance is dismissed.