HomeMy WebLinkAbout2024-00598.Osikeme.24-10-29 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
GSB# 2024-00598; 2024-00601
UNION# 2024-0499-0011; 2024-0499-0014
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Osikeme) Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario) Employer
BEFORE Janice Johnston Arbitrator
FOR THE UNION Anjana Kashyap
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Laura Chartrand
Liquor Control Board of Ontario
HR Business Partnership
HR Business Partner
HEARING October 25, 2024
-2 -
Decision
[1] The Employer and the Union agreed to participate in the expedited Mediation-
Arbitration process in accordance with the Memorandum of Agreement found in
Appendix 2 to the collective agreement. The majority of the grievances dealt with
in this process are normally settled. However, if a mediated agreement is not
attainable and the grievance remains unresolved, the Memorandum of Agreement
provides that the GSB Arbitrator shall issue a decision. The decision issued by the
Arbitrator shall be applicable only to the case heard and shall not be used as a
precedent for future cases and is not appealable. Any decision rendered must be
issued within two weeks of the date of the hearing.
[2] On October 25, 2024 the parties at the Ottawa Retail Service Centre agreed to
participate in the expedited Mediation-Arbitration process in accordance with the
Memorandum of Agreement found in Appendix 2 to the collective agreement. The
grievance that is the subject of this decision was one of the grievances that the
parties agreed to deal with.
[3] The Grievor in this case filed two grievances claiming that he should have been
assigned forklift work on an overtime shift as the work was being performed by an
employee with less seniority. The work was being performed by the employee
who normally performed the work on the night shift.
[4] After carefully considering this matter, I have concluded that in the circumstances
of this case, as there has been no violation of the collective agreement, the
grievances are dismissed.
Dated at Toronto, Ontario this 29th day of October 2024.
“Janice Johnston”
Janice Johnston, Arbitrator