GSB# 2016-2170

UNION# 2016-0368-0191

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Cook)

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 Manager, Employee Transition Advisor

Michelle LaButte Ministry of the Solicitor General Employee Relations Advisor

HEARING

December 19, 2019 and July 10, 2020

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 (now, the Ministry of the Solicitor General) 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 Cook is a Correctional Officer (“CO”) at the Central East Correctional Centre (“CECC”). He filed a grievance on November 11, 2016 claiming that the Employer has violated various provisions of the collective agreement because fixed term contract (“FXT”) COs who transfer to the CECC have an advantage over FXTs already at the CECC. In particular, the grievor claims that there are many agreements across the province that give FXTs who transfer to CECC an advantage over FXTs that have worked at CECC from their start dates. Thus, those who are transferring to the CECC do so with hours they had worked in other institutions, and that advantages them at the time of rollovers, when they may “jump ahead of FXT’s who have worked at CECC”. By way of remedy, the grievor seeks to have FXT scheduling practices be fair and equitable, to have his CSD adjusted, and damages in the amount of $2,000.

8The basis of the grievor’s claim is unclear. He has not provided any of the “many agreements” to which he refers, and which he claims support his grievance.

9From my review of a number of Memoranda of Agreement between the Union and various institutions (including the CECC) regarding how rollovers are to be conducted, it would appear that in order to qualify for a rollover, a FXT Correctional Officer must have been employed, and continue to be employed, at the particular location for one year prior to the date of the agreement. Furthermore, the Employer is required, pursuant to the Memoranda of Agreement, to offer regular classified CO positions on a rollover in accordance with Appendix 24 and Appendix COR 19 (seniority for fixed-term employees). As such, these are among the usual requirements in order for FXTs to qualify for rollovers.

10Having considered the facts and the submissions of the parties, and for the reasons outlined above, this grievance is denied.