GSB # 1727/97
OPSEU # 97G139
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Downey)
Grievor
- and -
The Crown in Right of Ontario
(Ministry of Community and Social Services)
Employer
BEFORE Randi H. Abramsky Vice Chair
FOR THE Kathleen Lawrence
GRIEVOR Grievance Officer
Ontario Public Service Employees Union
FOR THE Larry Ferguson
EMPLOYER Employee Relations Adviser
Ministry of Community and Social Services
HEARING March 1, 2000
Decision
The grievor alleges a violation of Articles 6 and 31.15.1.1 of the collective agreement.
There is no dispute regarding the facts. The Union concedes that the grievor did not meet the criteria for conversion under Article 31.15.1.1 of the collective agreement. Specifically, he did not have a minimum of two years as a full-time employee in the position and there was no continuing need for the work to be performed on a full-time basis as the facility was scheduled to be closed. As a result, there is no violation of Article 31.15.1.1.
Further, the alleged violation of Article 6 is untimely as it relates to the Employer’s alleged failure to post in 1996 while the grievance was filed in October 1997.
Accordingly, the grievance is dismissed.
Dated at Toronto, this 3rd day of March, 2000.