GSB# 2023-01735
UNION# 2023-0234-0179
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Budhram)
Union
- and -
The Crown in Right of Ontario (Ministry of the Solicitor General)
Employer
BEFORE
Dale Hewat
Arbitrator
FOR THE UNION
Dan Sidsworth Ontario Public Service Employees Union Grievance Officer
FOR THE EMPLOYER
Michelle LaButte Ministry of the Solicitor General Labour Strategy & Employee Transition Manager
HEARING
Feb 3, 2025 and May 27, 2025
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 were 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.
7Fabian Budhram was employed on a Fixed Term contract as a Corrections Officer at the Vanier Centre for Women ("VCFW"). On May 31, 2023, the Employer posted an Expression of Interest ("EOI") for a number of full time CO positions at the VCFW. Mr. Budhram applied to the EOI but was not successful in being rolled over because although he did meet the minimum requirements to roll-over, the Employer's records showed that he did not have the seniority within the group of applicants to be rolled over into one of the identified vacancies. Mr. Budhram claimed that he should have been rolled over earlier and seeks damages for the Employer's failure to apply the roll-over earlier.
8Subsequently, the Parties agreed to review Mr. Budhram's straight time hours and it was determined that the straight time hours worked would have qualified him to have been rolled over on April 15, 2024. No damages are owing to Mr. Budhram.
9Having reviewed Mr. Budhram's hours it was also determined and the Parties agreed that his Continuous Service Date ("CSD") should be adjusted to November 18, 2018. Accordingly, the CSD in Mr. Budhram's employment file shall be recorded as November 18, 2018.
Dated at Toronto, Ontario this 12th day of June 2025.