GSB#2020-2319
UNION#2020-5112-0265
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Cheriakara)
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
September 28, 2022 and November 1, 2022
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 the Solicitor General as well as the Ministry of Children, Community and Social Services restructuring initiatives around the Province. Through the MERC (Ministry Employee 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.
7Joseph Cheriakara is a Correctional Officer (CO) at the Toronto South Detention Centre (TSDC). On November 23, 2020 he filed a grievance claiming breaches of various provisions of the collective agreement. Mr. Cheriakara asserts that he was wrongfully told by the Employer that he had to resign from his previous Regular Service OPS position in order to accept a FXT CO position. This has caused a break in his service and has thus negatively affected his Continuous Service Date (CSD). He further claims that many other individuals have been permitted to transition from an OPS Regular Service position to a CO position and have kept their original CSD upon being rolled over. The grievor believes he received differential treatment.
8On October 28, 2019 the grievor filed essentially the same grievance as is presently before me. In a decision between these same parties dated September 30, 2020, (2020 CanLII 74278 (ON GSB)), I outlined the facts regarding Mr. Cheriakara's employment history, considered the language of the collective agreement, made reference to the many decisions that have dealt with similar facts to those in this grievor's case, and dismissed the grievance.
9By the time Mr. Cheriakara filed the present grievance on November 23, 2020, he had the benefit of that decision. It appears he does not accept it. However, this issue has been decided, the grievor was unsuccessful in his claim, and filing another grievance about the same issue will not change anything.
10Having considered the submissions of the parties, and for the reasons outlined above, this grievance is hereby dismissed.
Dated at Toronto, Ontario this 7th day of November 2022.