Ontario Public Service Employees Union (Davis et al) v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), 2016 CanLII 18934

GSB#2014-4061, 2014-4062

UNION#2014-0467-0009, 2014-0467-0010

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Davis et al)

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

Gregg Gray and Nick Mustari Ontario Public Service Employees Union Grievance Officers

FOR THE EMPLOYER

Greg Gledhill Treasury Board Secretariat Centre for Employee Relations Employee Relations Advisor

HEARING

November 17, 2015 and March 8, 2016

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.

7Darren Davis and Adam Manlow are Correctional Officers at Quinte Detention Centre. They filed grievances alleging that notwithstanding their change in status to classified on September 2, 2014, their benefits were not activated until October 1, 2014. They were not paid any monies in lieu of fringe benefits during this time and in their view, this is a violation of the Collective Agreement.

8In accordance with the policies of the benefit provider, benefits are not provided until the beginning of the month following a change to full time regular status. All who are hired undergo this period of waiting for the benefits to begin.

9The grievors suggest that they should receive a percentage in lieu of fringe benefits but there is nothing in the Collective Agreement that would allow this Board to order this payment for full time employees. While I appreciate that the grievors underwent a lengthy waiting period, there is no violation of the Collective Agreement.

10According, the grievances are dismissed.