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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 Tel. (416) 326-1388 Tel. (416) 326-1388 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'" . ;;