GSB#2016-0461

UNION# 2015-0616-0064

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Sutherland)

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.

7Ms. Angie Sutherland became a fixed term Correctional Officer in June 2000. She was rolled over to classified status in May of 2005. Her CSD at that time was December of 2001.

8Ms. Sutherland applied for and won a competition for a Records Clerk which is an OAG position in February of 2008. She attempted to return to work as a Correctional Officer in March of 2008 but was denied. She ultimately resigned her employment as a Records Clerk and was rehired to work as a fixed term Correctional Officer in June of 2008. In September of 2015 she was again rolled over to classified status as a Correctional Officer.

9She alleges that the Employer has miscalculated her CSD. She grieves this calculation and asks that her CSD be adjusted to reflect her entire employment since 2000.

10The grievance is denied. There was a break in the grievor's service when she resigned her position as a Records Clerk to be rehired in a fixed term Correctional Officer position. That break in service disentitles her to having all of her past employment considered for the purposes of CSD.