GSB# 2019-1981

UNION# 2019-5112-0221

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Bent)

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 Treasury Board Secretariat Employee Relations Advisor

HEARING

March 19, 2021 and July 27, 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.

7Melissa Bent is a Correctional Officer (CO) at the Toronto South Detention Centre (TSDC). She filed a grievance dated October 15, 2019 disputing the Employer's calculation of her Continuous Service Date (CSD).

8Ms. Bent started working as a Fixed Term CO on June 8, 1998, and her rollover date was November 11, 2002. It would appear that at the time of her conversion to permanent status, the grievor had disputed her CSD. The Employer had therefore reviewed all of her hours worked, and as a result, had corrected Ms. Bent's CSD to reflect the date of September 30, 1999. That correction was made in 2003. The grievor may not have been advised of the change being made, but it would have been obvious from a review of her WIN record.

9The present grievance was not filed until 2019. The Employer has raised a timeliness issue regarding the filing of the grievance. However, in any event, the grievor has not provided any documentation to support a finding that there were hours missing from the Employer's recalculation of her CSD. In addition, the Employer had documentation to support the CSD that the grievor was given in 2003.

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