GSB # 1420/98

OPSEU # 98C558

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union

(Union Grievance)

Grievor

• and -

The Crown in Right of Ontario

(Metro Toronto Housing Authority)

Employer

BEFORE Jules B. Bloch Vice Chair

FOR THE Nelson Roland

GRIEVOR Barrister & Solicitor

FOR THE Carol Ann Witt

EMPLOYER Counsel

Legal Services Branch

Management Board Secretariat

HEARING May 15, 2000

Decision

1. This matter is a Union policy grievance in respect of Article 6 of the Collective Agreement. The Union asserts that the employer has failed to fill permanent positions for the classifications of Community Patrol Officer and Dispatcher.

2. The hearing was held on May 15, 2000. In rendering this decision I have reviewed all the submissions of the parties. I find that at this time, there shall be 28 appointments to the position of permanent full time Community Patrol Officer (“CPO”). Further I find that at this time, there shall be five appointments to the position of permanent full time Dispatcher. Those positions will be filled by the individuals who are at present working in those positions in a full time contract capacity.

3. The persons referred to above, who currently occupy the positions noted in paragraph 2, are deemed to be permanently appointed to those positions as of the date they were first placed in a full-time CPO contract position, with the exception of coverage for the purposes of articles 40, 41, 42, 43 and 44 of the Collective Agreement which shall commence as of the date of this Order.

4. Should there be more than twenty eight individuals filling the CPO position on a full time contract basis, then the permanent positions will be offered on the basis of length of service as a full time contract CPO. Any positions not resolved by way of length of service as detailed above shall be resolved by way of lottery instituted by agreement of the parties.

5. The same conditions shall apply mutatis mutandis for all purposes to the Dispatcher position.

6. I remain seized of any and all matters arising out of this award

Dated in Toronto this 15^th Day of May 2000.