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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 Tel. (416) 326-1388 Tél. : (416) 326-1388 Fax (416) 326-1396 Téléc. : (416) 326-1396 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