GSB# 2018-0753

UNION# 2018-5112-0053

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Markovic)

Union

• and -

The Crown in Right of Ontario (Ministry of the Solicitor General)

Employer

BEFORE

Gail Misra

Arbitrator

FOR THE UNION

Dan Sidsworth Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Al J. Quinn Ministry of the Solicitor General Senior Employee Transition Advisor

HEARING

April 18 and July 19, 2019

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.

7Aleksandar Markovic is a Correctional Officer at the Toronto South Detention Centre. Mr. Markovic filed a grievance claiming that although he had rolled over to full time status on January 29, 2018, by the date of the filing of the grievance on March 6, 2018, he had not qualified for benefits or the use of sick time. By way of remedy, the grievor is seeking retroactive pay for the wages lost due to his not having had access to benefits.

8In order to qualify for benefits and paid sick credits, an employee must work for 20 consecutive days without a break prior to implementation of the credits. The grievor did not satisfy that requirement until March 13, 2018. There is no dispute that after that date, the grievor received all credits and benefits to which he was entitled.

9After consideration of the facts and submissions in this matter, I am of the view that the grievance must fail. The grievor had not worked for the requisite number of consecutive days between January 29 and March 6, 2018 when he filed his grievance. The grievance was therefore premature, as he had not yet qualified for receipt of sick credits and benefits. As soon as the 20 consecutive day requirement was met, the grievor received his entitlement.

10For all of the above reasons, this grievance is dismissed.