Grievance Settlement Board Decision: Ontario Public Service Employees Union vs. The Crown in Right of Ontario

Strategic Insights -

The Ontario Public Service Employees Union (OPSEU) has achieved a significant victory in a series of grievances filed on behalf of five employees who were offered positions as correctional supervisors (CS) in the Ministry of Children, Community and Social Services. The grievances, which were heard by the Grievance Settlement Board, alleged that the Employer, The Crown in Right of Ontario, violated the collective agreement by rescinding the job offers made to the Grievors.

The decision, which was issued on April 30, 2025, found that the Employer had indeed made formal offers of employment to the Grievors, which were binding on the Employer. However, the Board also recognized that the Employer had legitimate concerns about the Grievors' lack of foundational training for the CS position. As a remedy, the Board ordered the Employer to provide reasonable training to the individual Grievors, consistent with the CO foundational training and the training historically provided to youth service officers (YSO) moving into corrections officer positions.

The decision also ordered the Employer to offer the Grievors the next available CS vacancy, corresponding to the original offer they were provided with. If the Grievors declined the offer or any reasonable training deemed necessary by the Ministry, the Employer's obligation would be deemed discharged.

Key Takeaways:

  • Five individual job competition grievances were brought on behalf of Brad Harris, Andrew Mercer, Jeremy Dignard, Jason Roe, and Brittany White, alleging that the Employer had violated the collective agreement by rescinding their job offers.
  • The Grievors had each received verbal offers and had accepted the positions, but the Employer later rescinded the offers after reviewing their training records.
  • The Employer argued that the Grievors lacked the necessary foundational training for the CS position, while the Union took the position that the accepted offers are binding on the Employer.
  • The Board found that the Employer had indeed made formal offers of employment to the Grievors, which were binding on the Employer.
  • The Board ordered the Employer to provide reasonable training to the individual Grievors, consistent with the CO foundational training and the training historically provided to YSO moving into CO positions.
  • The Employer was also ordered to offer the Grievors the next available CS vacancy, corresponding to the original offer they were provided with.

Statistics:

  • 5: The number of individual job competition grievances filed on behalf of the Grievors.
  • 5: The number of Grievors who were offered positions as CS in the Ministry of Children, Community and Social Services.
  • 1: The number of formal offers of employment made by the Employer to the Grievors, which were binding on the Employer.
  • 1: The number of reasonable training programs that the Employer must provide to the individual Grievors, consistent with the CO foundational training and the training historically provided to YSO moving into CO positions.

Sources:

  • Ontario Public Service Employees Union (Harris et al) Union vs. The Crown in Right of Ontario (Ministry of Children, Community and Social Services) Employer, Grievance Settlement Board, April 30, 2025.