GSB# 2024-02934

UNION# 2025-0719-0002

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Defeo)

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, Labour Strategy & Employee Transition

HEARING

December 10, 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 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.

7David Defeo is a Correctional Officer (“CO”) at the Kenora jail. Mr. Defeo filed a grievance on January 27, 2025 claiming a breach of various articles under the Collective Agreement. Mr. Defeo claims that Employer has denied him seniority by not including all of his past service for the periods of time he performed seasonal work for the Ministry of Natural Resources and Forestry (“MNRF”) in the Aviation, Forest Fire and Emergency Services unit pursuant to Article 32.4.1 of the Collective Agreement. Mr. Defoe claims that he has one continuous period of employment since April 11, 2011 which should have been taken into account in the calculation of his Continuous Service Date (“CSD”).

8Mr. Defeo’s arguments in this grievance have been significantly reviewed and decided upon in a final decision in Ontario Public Service Employees Union (Defeo) v Ontario (Solicitor General), 2024 CanLII 52269 (ON GSB) (Misra). The issues that Mr. Defeo raises in this case are the same issues that he raised in his prior grievance before Arbitrator Misra. As a result, I have no reason to consider Mr. Defeo’s arguments as they have been fully determined in Arbitrator Misra’s decision.

9Accordingly, the grievance is dismissed.