HomeMy WebLinkAbout2003-0599.Middleton.03-08-28 Decision
Crown Employees Commission de ~~
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
~-,...
Suite 600 Bureau 600 Ontario
180 Dundas Sl. West 180 rue Dundas Ouest
Toronto Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
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Fax (416) 326-1396 Telec. (416) 326-1396
GSB# 0599/03
UNION# 2003-0224-0006
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(Middleton) Grievor
- and -
The Crown In RIght of Ontano
(Mimstry of PublIc Safety and Secunty) Employer
BEFORE FelIcIty D Bnggs Vice-Chair
FOR THE UNION Scott Andrews
Gnevance Officer
Ontano PublIc ServIce Employees Umon
FOR THE EMPLOYER LInda EllIot
Semor TransItIOn SpecIalIst
Mimstry of PublIc Safety and Secunty
HEARING August 11 2003
2
DECISION
Nancy Middleton filed a gnevance allegIng that the Employer faIled to convert her to full tIme
classIfied servIce In accordance wIth the collectIve agreement. She sought an order that the
Employer convert her to classIfied status as a full tIme employee In the alternatIve the
Employer should be ordered to convert the gnevor to the status of classIfied regular part tIme
employee
The facts were not In dIspute Ms Middleton IS an unclassIfied cook at the Owen Sound JaIl She
began her employment as part tIme on March 13 2000 From Apnl 16 2001 untIl Apnl 8 2002
she worked as a Cook 1 at 30 hours per week. From approxImately Apnl 8 2002 untIl late
November of 2002 she was replacIng a Cook 3 who was on sIck leave In November of 2002 the
Cook 3 retIred and the gnevor began to perform that work.
AccordIng to the collectIve agreement, the penod that the gnevor worked replacIng an employee
on sIck leave IS not elIgIble for hours to be consIdered for the purposes of converSIOn. However
the hours that she worked replacIng the Cook who retIred would have been convertIble hours
Those elIgIble hours were not sufficIent In number to bnng about a converSIOn.
Under the present collectIve agreement there IS no oblIgatIOn for the Employer to convert
employees to classIfied regular part tIme status
Therefore, the gnevance IS demed.
Dated 'Toronto thIS" .r'"
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