GSB# 2019-2577

UNION# 2020-0678-0002

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Reilly)

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

Michelle LaButte Ministry of the Solicitor General Manager, Employee Transition Unit

HEARING

July 27, 2021 and October 4, 2021

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.

7Daniel Reilly is a Correctional Officer (CO) at the Algoma Treatment and Remand Centre (ATRC). He filed a grievance dated January 9, 2020 disputing the Employer's calculation of his Continuous Service Date (CSD).

8The grievor started working as a Fixed Term CO on May 27, 2002, and his rollover date was June 3, 2019. At that juncture his CSD was set at March 31, 2014. Following the filing of the grievance, the parties have reviewed records regarding all of grievor's hours worked. While there are no issues respecting the calculation of his work weeks prior to 2018, there are issues with the calculation of Mr. Reilly's work weeks in 2018 and in 2019.

9Following a review of the records, it is apparent that although the Employer had calculated the grievor's hours based on the old collective agreement formula, and had therefore allocated to him 28.40 work weeks in 2018 and 16 work weeks in 2019, Mr. Reilly should be credited with 45.68 work weeks in 2018 and 20.5 work weeks in 2019. As such, based on the grievor's total work weeks from 2011 to 2019, when he was rolled over, his CSD should be October 27, 2013.

10Having considered the facts and submissions of the parties, and for the reasons outlined above, the Employer is directed to forthwith adjust the grievor's Continuous Service Date to October 27, 2013.