GSB#2016-0545

UNION#2016-0582-0032

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Hendriks)

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 and John Wardell Ontario Public Service Employees Union Grievance Officers

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.

7Mr. Craig Hendriks is a classified Correctional Officer working at Toronto East Detention Centre. He grieves that the Employer has violated various provisions of the Collective Agreement because his "rights have been ignored as my transfer request for a position at Central East Correctional Centre has not been approved". He particularly took issue with the fact that CECC is "hiring new casual staff and transferring existing casual staff from TEDC to CECC" while "ignoring my seniority and lateral transfer request".

8Generally speaking, classified CO positions are filled through roll-overs, job competitions or lateral transfers. According to documents provided, the grievor is not the most senior on the CECC Lateral Transfer List. The Union did not dispute this information.

9It was also agreed between the parties that some of the fixed term COs have had their contracts moved from TEDC to CECC. While I appreciate that this might cause the grievor some frustration, the transfer of fixed term contracts from one institution to another has no effect on the Lateral Transfer List of classified Correctional Officers.

10Accordingly, the grievance is dismissed.