GSB# 0599/03
UNION# 2003-0224-0006
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Middleton)
Grievor
- and -
The Crown in Right of Ontario
(Ministry of Public Safety and Security)
Employer
BEFORE
Felicity D. Briggs
Vice-Chair
FOR THE UNION
Scott Andrews
Grievance Officer
Ontario Public Service Employees Union
FOR THE EMPLOYER
Linda Elliot
Senior Transition Specialist
Ministry of Public Safety and Security
HEARING
August 11, 2003.
DECISION
Nancy Middleton filed a grievance alleging that the Employer failed to convert her to full time classified service in accordance with the collective agreement. She sought an order that the Employer convert her to classified status as a full time employee. In the alternative, the Employer should be ordered to convert the grievor to the status of classified regular part time employee.
The facts were not in dispute. Ms. Middleton is an unclassified cook at the Owen Sound Jail. She began her employment as part time on March 13, 2000. From April 16, 2001 until April 8, 2002 she worked as a Cook 1 at 30 hours per week. From approximately April 8, 2002 until late November of 2002 she was replacing a Cook 3 who was on sick leave. In November of 2002 the Cook 3 retired and the grievor began to perform that work.
According to the collective agreement, the period that the grievor worked replacing an employee on sick leave is not eligible for hours to be considered for the purposes of conversion. However, the hours that she worked replacing the Cook who retired would have been convertible hours. Those eligible hours were not sufficient in number to bring about a conversion.
Under the present collective agreement there is no obligation for the Employer to convert employees to classified regular part time status.
Therefore, the grievance is denied.
Dated at Toronto this 28th day of August, 2003.