GSB#2013-1184

UNION#2013-0617-0026

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Biladeau)

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.

7Ms. Lindsay Biladeau is a Regular Part Time Cook 2 at the Sudbury Jail. She has filed a grievance that alleged the Employer failed to convert her to full time classified status in accordance with Article 31(a).1.15.

8In September of 2014 the grievor applied for – and won – a competition for a Regular Part Time Cook 2. On the same day she began a temporary assignment as a full time Cook 2 in a position that became available because another employee was on sick leave. The employee Ms. Biladeau was backfilling for was reassigned to another ministry on July 6, 2015.

9The Employer urged that at this point the grievor was not entitled to be converted because she is a regular part time classified employee and therefore not eligible for conversion to full time classified status. I agree with that view.

10When the permanent position was posted the grievor applied and attended the interview. However, during the course of her interview she informed the panel that she wanted them use the results of a previous interview and that she was unwilling to participate further.

11The grievor did not obtain the permanent position because – in the Employer's view – she did not complete the competition process.

12After reviewing the facts and documents provided, I am persuaded by the Employer's submissions and am therefore of the view that this grievance must fail. There has been no violation of the Collective Agreement.