GSB#2013-3301

UNION#2013-0108-0131

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Patterson)

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

February 3, 2017

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. Donald Patterson is a Correctional Officer at Elgin Middlesex Detention Centre. He filed a grievance on April 8, 2013 that alleged the Employer violated various provisions of the Collective Agreement because he was not rolled over into classified status.

8On February 11, 2013 the parties – in a Memorandum of Agreement - agreed to “roll-over” five fixed term COs from EMDC. In accordance with that agreement, the Employer posted and Expression of Interest (“EOI”) inviting fixed term officers to apply for roll-over. According to the documentation provided, the grievor did not respond to the posted EOI. Further, even if he had there would have been no likelihood of being rolled over at that time given that he was fourteenth most senior by hours.

9Another roll-over exercise occurred at EMDC for eleven CO positions in May of 2013. The grievor did make his interest known after the posting of the EOI and was rolled over into classified status as of June 24, 2013.

10As I understand the grievor’s position he is of the view that he should have been rolled over as a result of the February 11, 2013 Memorandum of Agreement. However, he did not respond to the Expression of Interest nor did he have the necessary number of hours to qualify.

11Accordingly, the grievance is denied.