GSB#2016-2936

UNION# 2017-5112-0042

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Haarink)

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.

7Lisa Haarink filed a grievance that alleged she was improperly denied a roll-over at the Toronto South Detention Centre.

8In January of 2017 the parties agreed to roll over thirty fixed term officers into classified status. As usual when this occurs, the Employer's Transition Unit issued an Expression of Interest to be posted to enable interested Correctional Officers to apply. The EOI was posted in the workplace from February 3, until February 10, 2017. It stated that applicants who are entitled to apply "have been employed and continue to be employed at TSDC for one year prior to the date of the signing of this agreement."

9At the time the grievor applied for one of the roll-over positions she was a fixed term employee with another ministry. It was the Employer's contention that as a result of this arrangement Ms. Haarink was not a Correctional Officer at the time of her application and therefore was not entitled to apply.

10The Union noted that the grievor's employment had not ceased and therefore she continued to be a Correctional Officer and therefore should have been rolled over.

11After consideration I am of the view that the grievance must be dismissed. The EOI specifically states that applicants must be employed "and continue to be employed" for one year prior to the date of the signing of the MERC agreement. The grievor was not employed as a Correctional Officer at TSDC at the time of the rollover exercise. She was employed in another classification with another ministry.