Ontario Public Service Employees Union (Butler) v. The Crown in Right of Ontario (Ministry of Municipal Affairs and Housing), 2000 CanLII 20477

DECISION

In a grievance dated August 2, 1996, Mr. S. Butler claims that the Employer contravened Article 31.15.1.1 of the Collective Agreement. This provision provides for the conversion of unclassified positions to classified positions.

Mr. Butler had been employed by the Ministry under a series of full‑time unclassified contracts, the last one ending on August 1, 1996. At the relevant time, Mr. Butler was employed in the Registration and Data Control Unit. Mr. Butler was notified on May 3 996, that his unclassified contract would not be renewed. The Employer took this position because the project Mr. Butler had been working on would no longer exist by the end of his contract,

Article 31.15.1.1 provides for conversion when certain conditions are met. One of the conditions is a determination by the Ministry that there is a continuing need for the work to be performed on a full‑time basis. Although Mr. Butler feels that the Ministry should have continued to fund the work, the Union conceded that the project that Mr. Butler worked on was wound down and that the Ministry had not determined that there was a continuing need for Mr. Butler's work to be performed.

Given the above circumstances, I was advised by the parties that there was no dispute between them and that I have no jurisdiction to hear the grievance. Mr. Shime's decision in E. Blake and Amalgamated Transit Union, GSB File No. 1276/87, dated May 3, 1988, supports their position.

Accordingly, the grievance is dismissed.

Dated at Toronto, this 13th day of April, 2000.