GSB#2009-0293

UNION#2009-0411-0128

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union
(Yeldon)

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. Debbie Yeldon, a cook 2 at Ottawa Carleton Detention Centre, 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. She has worked as a cook on a full time basis for more than 18 months. 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 as a cook. 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.