GSB#2008-3090

UNION#2008-0411-0033

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Houle)

Union

• and -

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

BEFORE

Deborah J.D. Leighton

Vice-Chair

FOR THE UNION

Scott Andrews Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Gary Wylie Ministry of Community Safety and Correctional Services Staff Relations Officer

HEARING

October 7, 2009.

Decision

1Ms. Nathalie Houle, who has worked full time as a fixed term employee since 2004 and who has worked full time as an assistant to the deputy superintendents at Ottawa Carleton Detention Centre since 2005 grieved that she should be given a full time position in the regular service. The union argued that given the hours and work history of the grievor she was entitled to be converted to the regular service pursuant to Article 31A.15.1.1 and Article 31.A.15.2. The employer submitted that it was not in a position to dispute that the grievor meets the requirements of the collective agreement.

2The parties referred this grievance to mediation/arbitration in accordance with Article 22.16 of the collective agreement. At the outset of the hearing the parties agreed that I had the jurisdiction to decide this matter. They asked that I issue a decision without precedent or prejudice, and without written reasons in accord with the provisions for expedited hearings under Article 22.16.

3Having carefully considered the submissions of the parties, as well as the jurisprudence of the board, I hereby grant the grievance in part, and order the employer to review the grievor’s work history and hours to determine whether she is entitled to conversion under the collective agreement. If so, she shall be placed in a full time position in the regular service. The review shall be completed and the results forwarded to the union no later than 30 days after the date of this award. I shall remain seized of any issues that might arise as to the implementation of this order.