GSB#2016-0196

UNION#2016-0234-0080

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Legault)

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

Dan Sidsworth Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

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

HEARING

November 3, 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.

2Terri Legault was a fixed term Correctional Officer at Maplehurst Correctional Centre. In November 2015, while on a parental leave Ms. Legault applied for a full time classified position of Senior Staff Development Officer at Bell Cairn.

3In October of 2015 she had also heard that the parties would be undertaking a rollover exercise at MHCC. As is usual practice the Employer asked for an Expression of Interest. The grievor responded to the EOI and made it known that she agreed to her posted hours.

4On December 31, 2015 the grievor was offered and accepted the position at Bell Cairn.

5The rollovers at MHCC were completed on February 16, 2016. The grievor was not rolled over and it was this denial that caused the grievor to file a grievance.

6After consideration of the submissions of the parties I am of the view that the grievance must be denied. At the time of the rollovers at MHCC the grievor was already classified with a home position of Bell Cairn. Accordingly, she was not eligible for rollover.

7Accordingly the grievance must be dismissed.