GSB#2012-1538

UNION#2012-0678-0031

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Arnold)

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.

7Ross Arnold is a Correctional Officer at Algoma Treatment and Remand Centre. He filed a grievance alleging that the MERC agreement dated March 28, 2012 was "flawed" and "contravened the collective agreement and is contrary to the spirit of collective bargaining with respect to treating employees in the same classification on a equal and fair basis."

8The March 28, 2012 MERC agreement provided for cross ministry transfers for certain job threatened MCYS employees. Specifically it set out that senior employees of MCSCS could access an enhanced severance package by agreeing to a "transitional job trade" with one of the job threatened MCYS employees.

9The grievor set out facts regarding various employees involved in trades under this agreement including an employee who originally opted to retire but successfully rescinded his election to retire. He noted that people had been allowed to take the enhanced package without actually "trading" positions. Therefore, according to the grievor, he too should have been allowed access to the enhanced severance package.

10The MERC agreements were negotiated by the parties and attempted to provide employment stability to as many employees of both ministries as possible. I disagree with the grievor that such agreements are contrary to the spirit of the Collective Agreement. Further, I cannot agree that employees in the same classification are being treated differently and unfairly.

11The grievance is denied.