HomeMy WebLinkAbout2016-2819.Libis.17-11-17 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
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
- 2 -
Decision
[1] In 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.
[2] Ms. 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.
[3] Article 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.
[4] Since 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.
Dated at Toronto, this 17th day of November 2017.
Ken Petryshen, Arbitrator