GSB#2016-1238

UNION#2016-0248-0020

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Mitchell)

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 & 25, 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.

7The parties signed a Memorandum of Agreement on October 18, 2013 regarding the closure of the Toronto Jail and the Toronto West Detention Centre. In that Memorandum it was agreed that three MM3 positions would be made available Province wide. Further, it was agreed that seven MM2 positions would be made available as per the lateral transfer list with current salary protection for six months. The filling of these positions would be done in accordance with seniority.

8Mr. Ewan Mitchell is a Maintenance Mechanic who worked as an MM3 at the Toronto Jail prior to its closing. He filed a grievance alleging that the Employer incorrectly applied his transition and relocation rights with the result that he was forced to go to a workplace outside the usual 120 kilometer radius causing him extensive stress and fatigue.

9Mr. Mitchell and others were notified of the impending changes on November 1, 2013. Two weeks later they were told of their various options. The grievor was told he could be surplussed, take his Article 20 entitlements or – as the result of an agreement between the parties – he (and other MMs) could work as an MM2 in another facility.

10On November 18^th, 2013 the grievor signed an election for a lateral transfer to both an MM3 position and an MM2 position listing – in order or preference – four institutions at which he would be prepared to work.

11The grievor did not get one of the MM3 positions due to insufficient seniority. On December 5, 2013 he was notified that he was being assigned permanently to Hamilton Wentworth Detention Centre as an MM2. HWDC was his fourth choice on the document he signed which said, in part, "I accept a transfer as a MM2 position at the following institution(s)". The signed document further states that he understood "that this selection is final and binding". (emphasis not mine)

12After considering the facts and submissions of this matter I must agree with the Employer that there has been no violation of the Collective Agreement or any other agreement between the parties. The grievor – like others – was given the opportunity to choose from various options and set out where he would accept work. Hamilton Wentworth Detention Centre was one of his specified facilities and he was permanently assigned there. That assignment was final and binding and not incorrectly done.

13Accordingly the grievance is dismissed.