HomeMy WebLinkAbout2009-0300.DiBartolo.09-10-27 Decision
Commission de
Crown Employees
Grievance Settlement
règlement des griefs
Board
des employés de la
Couronne
Suite 600 Bureau 600
180 Dundas St. West 180, rue Dundas Ouest
Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
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GSB#2009-0300
UNION#2008-0411-0040
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(DiBartolo) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Deborah J.D. Leighton
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
HEARINGOctober 7, 2009.
- 2 -
Decision
[1]Ms. Kim DiBartolo, who has worked full time as a fixed term employee since 2003 as a
personnel/payroll clerk 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 and placed in a full time
position 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.
[2]The 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.
[3]Having 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.
th
Dated at Toronto this 27 day of October 2009.
Deborah J.D. Leighton, Vice-Chair