GSB# 2016-2819

UNION# 2017-0102-0001

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Libis)

Union

• and -

The Crown in Right of Ontario (Ministry of the Attorney General)

Employer

BEFORE

Ken Petryshen

Arbitrator

FOR THE UNION

Lori Davis Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

George Parris Treasury Board Secretariat Legal Services Branch Counsel

HEARING

November 16, 2017

Decision

1In a grievance dated February 15, 2017, Ms. L. Libis claims that the Employer has violated the Collective Agreement by failing to convert her to full-time status. This grievance was heard in accordance with the mediation/arbitration procedure provided for in article 22.16 of the Collective Agreement.

2Ms. Libis holds the status of a fixed-term employee. Since 2011, she has been replacing a regular employee in an OAG 9, Legal Admin. position located in London, Ontario. The regular employee Ms. Libis has been replacing is off work on a leave of absence authorized by the Employer.

3Article 31A.15 of the Collective Agreement deals with the conversion of fixed-term positions to positions in the regular service. Article 31A15.1.1 provides as follows:

Where the same work has been performed by an employee in the Fixed-Term Service for a period of at least eighteen (18) consecutive months, except for situations where the fixed-term employee is replacing a regular employee on a leave of absence authorized by the Employer or as provided for under the Central Collective Agreement, and where the ministry has determined that there is a continuing need for that work to be performed on a full-time basis, the ministry shall establish a position within the Regular Service to perform that work.

4Since Ms. Libis has been replacing a regular employee on an authorized leave of absence, her circumstances fall squarely within the exception provided for in article 31A15.1.1. It is clearly the case therefore that Ms. Libis is not entitled to have her position converted to a position in the regular service. Given these circumstances, I have no alternative but to dismiss her grievance dated February 15, 2017.