HomeMy WebLinkAbout1996-1680.Butler.00-04-13 Decision
o NTARW EMPU)Y]ks DE LA COURONNE
CROW"! EMPLOYEES DE L 'ONTARW
. . GRIEVANCE COMMISSION DE
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 600 TORONTO ON M5G 128 TELEPHONE/TELEPHONE, (416) 326-1388
180 RUE DUNDAS OUEST BUREAU 600 TORONTO (ON) M5G 128 FACSIMILE/TELECOPIE. (416) 326-1396
GSB # 1680/96
OPSEU # 96HOOl
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano Pubhc ServIce Emplovees Umon
(Butler)
Grievor
- and -
The Crown m RIght of OntarIO
(Mimsm of MumcIpal Mfatrs and Housmg)
Employer
BEFORE Ken Petrvshen Vice Chatr
FOR THE Robm Gordon
GRIEVOR Gnevance Officer
Ontano Pubhc ServIce Emplovees Umon
FOR THE Luc, SIraco
EMPLOYER Counsel
Legal ServIces Branch
Management Board SecretarIat
HEARING April 10 2000
DECISION
In a gnevance dated August 2, 1996, Mr S Butler claims that the Emplover contravened ArtIcle
31 15 1 1 of the Collectl ve Agreement. ThIS provISIOn provIdes for the converSIOn of unclasSIfied
posItlons to classIfied posItlons.
Mr Butler had been emploved b, the Mimsm under a senes of full-tlme unclasSIfied contracts,
the last one endmg on August 1 1996 At the relevant tlme, Mr Butler was emploved m the RegIstratlon
and Data Control Umt. Mr Butler was notIfied on Ma, 3996 that lus unclasSIfied contract would not be
renewed. The Emplover took tlus posItIOn because the proJect Mr Butler had been workmg on would no
longer eXIst b, the end of hIS contract,
ArtIcle 31 15 1 1 proVIdes for converSIOn when certain condItlons are met. One of the condItlons
IS a detenrunatlon b, the Mimsm that there IS a contlnwng need for the work to be performed on a
fuIl-tlme basIS. Although Mr Butler feels that the Mimsm should have contlnued to fund the work, the
Umon conceded that the proJect that Mr Butler worked on was wound down and that the Mimsm had
not detenruned that there was a contmUlng need for Mr Butler's work to be performed.
GIven the above CIrcumstances, I was adVIsed b, the partIes that there was no dIspute between
them and that I have no JUllsdIctlon to hear the gnevance. Mr Slume's decIsIOn ill E Blake and
Amalgamated Transit Union. GSB File No 1276/87 dated Ma, 3 1988, supports theIr posItlon.
Accordmgh the gnevance IS dIs11llssed.
Dated at Toronto thIS 13th da, of April, 2000
"
..."1
Ken Petrvshen Vice-Chair