Ontario Public Service Employees Union (Marien) v. The Crown in Right of Ontario (Ministry of Children and Youth Services), 2014 CanLII 8302

GSB#2012-4540

UNION#2013-0290-0012

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Marien)

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 and Gregg Gray Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Karen Martin 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.

7Luc Marien is a classified Youth Services Officer who filed a grievance stating that Articles 2 and 3 of the Collective Agreement have been violated because the Employer failed to transfer him to a Youth facility in Sudbury.

8The grievor was rolled over to classified status just prior to the closure of the Bluewater Youth Centre in June of 2012. He exercised his rights under Appendix 13 to work at Roy McMurtry Youth Centre.

9Since moving to the RMYC he has applied on three occasions to laterally transfer to Sudbury. He urged that he should be given such a transfer so that he can be closer to his son.

10The grievor provided his custody agreement signed in 2010 that allows for certain visiting conditions that amends an agreement signed in 2007. It would appear that as far back as 2010 the grievor’s son has been living in Sudbury. It is unclear why in the grievor’s statement he said that his separation took place in August of 2012.

11The parties agree that there were no lateral transfers encompassing the time of the filing of the grievance.

12While it is unfortunate that the grievor has not obtained the position that he desires, there has been no violation of the Collective Agreement and therefore the grievance is dismissed.