GSB#2012-0908, 2012-0909, 2012-3714, 2012-4248, 2012-4376, 2012-4377, 2013-0014

UNION#2012-0290-0012, 2012-0290-0013, 2013-0290-0001, 2013-0290-0004, 2013-0220-0001, 2013-0290-0005, 2013-0290-0014

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (MacKay 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 and Gregg Gray Ontario Public Service Employees Union Grievance Officers

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.

7On March 20, 2012, the parties negotiated a Memorandum of Agreement that provided the opportunity to transfer between the Ministry of Child and Youth Services and the Ministry of Community Safety and Correctional Services to certain Fixed Term Correctional Officer and Fixed Term Youth Service Workers. A second Memorandum of Agreement was signed that day regarding Cross Ministry Lateral Transfers and Job Trades for COs and YSOs. A third Memorandum provided an entitlement for non CO and YSO staff to transfer between the two ministries.

8Following these agreements a number of grievances, both individual and group, were filed by various YSOs most of whom work at Roy McMurtry Youth Centre alleging that they should have been given the opportunity to transfer laterally.

9Regarding the grievances filed by classified staff, the Employer stated that there was nothing in the Agreements that abrogated its inherent right to determine whether to fill positions. No positions were filled during the period at issue. To be clear, there were no correctional opportunities for these grievors within the 30 days prior to the filing of the grievances. Further, there were no rollovers within 30 days of the filing of the grievances.

10Regarding the grievances filed by fixed term employees, the Employer submitted that it could transfer fixed term employees in accordance with Article 2 of the Collective Agreement based on its operational requirement and to do so did not violate any of the Memoranda.

11I agree with the Employer’s view and accordingly, the grievances are denied.