GSB#2016-0693

UNION#2016-0234-0119

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Barnes)

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.

7Kevin Barnes was a fixed term Correctional Officer working at Maplehurst Correctional Complex who was rolled over into classified status in April of 2013. He grieves that his continuous service date is incorrect and that the Employer's calculations in this regard are discriminatory because of hours missed due to a need for family status accommodation.

8The Employer noted that although it is true that the grievor worked – on average - only thirty-six hours per week he was nevertheless able to overtime many weekends.

9According to the grievor he is entitled to a CSD which dates back to his original date of hire.

10No evidence that would substantiate the grievor's claim of discrimination was provided. However, the Union was able to show that there were some weeks for which the grievor did not receive the appropriate credit. Accordingly, the grievance is upheld in part. The grievor is to be credited with eight additional weeks for the purposes of his CSD.