GSB#2017-1367

UNION# 2017-5112-0206

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Seat)

Union

• and -

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

Employer

BEFORE

Felicity D. Briggs

Arbitrator

FOR THE UNION

Gregg Gray and Dan Sidsworth Ontario Public Service Employees Union Grievance Officers

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

August 27, 2017 and November 1, 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.

7Dr. Rajko Seat, a Psychologist 1 at the Toronto South Detention Centre has filed a grievance that alleges a violation of articles 7.4.1 and 7.4.2 of the Collective Agreement.

8On March 31, 2016 this Board issued a decision, Re MCSCS-OPSEU (Seat) GSB#2015-1526, denying an earlier grievance filed by Dr. Seat which contended that he was improperly compensated as a Psychologist 1 at TSDC. By way of remedy he requested compensation at the Psychologist 2 rate.

9It was the Employer's view in this matter that the grievance before this Board is res judicata. It was urged that the grievance before this Board at this time is identical to that determined in March of 2016. The parties are the same, the Collective Agreement provisions and other relevant documents are the same and there are no facts that the grievor relies upon that are different. Accordingly the grievance should be dismissed.

10The Union urged that this grievance be heard on the merits.

11I am of the view that the Employer's preliminary motion must be upheld. This dispute was heard, considered and determined by this Board. Accordingly, the grievance is dismissed