GSB#2013-4373

UNION#2014-0271-0001

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Onukwufor)

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

Alison Nielsen-Jones Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Brian Scott Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor

HEARING

January 22, 2015

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.

7More recently, the parties negotiated a Memorandum of Agreement regarding the recruitment process for Probation and Parole Officers. ("PPORP") This Roll-over agreement stated that this Board would remain seized of any disputes and it was further agreed that the disputes would be determined through the transition process.

8Maxwell Onukwufor is a fixed term Probation and Parole Officer who alleged that he should have been rolled-over into a permanent full time position.

9After the PPORP was negotiated the Employer issued a "Q & A" document answering a number of questions regarding the Memorandum. It was stated in that document that applicants must be "employed as a fixed term adult PPO in MCSCS on the ate an Expression of Interest is posted; living or working within 125 kilometers (the Employer can apply discretion to extend the area of search beyond the 125 kilometers); a minimum of 18 months straight time hours (equivalent to 2588.25 hours as noted below) accrued working in the capacity of PPO/PO up to the first 13 week break in service."

10The Employer posted an expression of interest for PPOs in London, St. Thomas and Windsor. The grievor's primary address on file with the Employer is in Brampton. Accordingly, the Employer says that the grievor does not meet the qualifications of the Expression of Interest.

11The Union, on behalf of the grievor noted that the Employer has the discretion to extend the area of search. It was asserted that the Employer should have exercised its discretion in such a way so as to grant the grievor the position.

12After consideration, the grievance must be dismissed. While the Employer can extend the area of search it is not obliged to do so and its failure to do so is not a violation of the Memorandum of Agreement.