GSB#2017-0198

UNION# 2016-0708-0013

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Jurcic)

Union

• and -

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

BEFORE

Felicity D. Briggs

Arbitrator

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

Al. J. Quinn Ministry of Community Safety and Correctional Services Senior Employee Transition Advisor

HEARINGS

July 11, 2017 and August 28, 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 these 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.

7As the result of a Memorandum of Agreement signed in May of 2014, Matt Jurcic was reinstated as a Correctional Officer. Specifically, the MOA stated, at paragraph 3 that "as of May 20, 2014, the grievor shall be employed as a Correctional Officer and his place of employment shall be the Thunder Bay Correctional Complex."

8In the fall of 2016 the grievor applied for a lateral transfer to the Thunder Bay Jail and was denied. Mr. Jurcic filed a grievance and requested an immediate transfer.

9It was the Employer's view that the grievor's employment is to be at the Thunder Bay Correctional Complex as set out in the Memorandum of Agreement between the parties. Further, he is foreclosed from transferring to another facility unless the Employer agrees. The Union disputed this contention.

10After consideration I must agree with the Employer. The Agreement between the parties was quite specific regarding the "place of employment" for the grievor. The Memorandum also stated that the grievor "understands and agrees to the terms of the Memorandum....".

11There was no time period set out regarding the specificity of the grievor's workplace and there is nothing in the Memorandum that would allow me to alter the terms.

12The grievance is therefore denied.