HomeMy WebLinkAbout2010-0357.Rambeau et al.13-01-16 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2010-0357
UNION#2009-0499-0097
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Rambeau et al) Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario) Employer
BEFORE Reva Devins Vice-Chair
FOR THE UNION Jean Chaykowsky
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Pamela LeMaistre
Liquor Control Board of Ontario
LCBO Eastern Regional Office
HR Manager
HEARING January 11, 2013.
Decision
[1] The parties have agreed to an expedited mediation-arbitration process to effect the quick
disposition of grievances and reduce the number of outstanding grievances. Appendix 2
incorporates the parties’ Memorandum of Agreement and confirms that where grievances are
referred to the mediation/arbitration process, the parties will attempt to reach a mediated
resolution, failing which, the Vice Chair will issue a written decision that is without prejudice or
precedent. The parties specifically agreed that this matter was properly referred for expedited
mediation-arbitration as contemplated under Appendix 2.
[2] The Grievors work the day shift and allege that the Employer failed to offer them
overtime opportunities at the end of their shift on December 2, 2009. The Employer submits that
the decision to extend overtime was not made until the afternoon shift, after the Grievors had left
for the day.
[3] Paving activity on December 2nd restricted access to 3 of 4 receiving doors and slowed
down the unloading process. During the afternoon shift, management concluded that they would
not be able to make up the time lost earlier in the day and overtime was offered in accordance
with the Collective Agreement. Ultimately, six shifts of two hours of overtime were worked
from 12:00 a.m. to 2:00 a.m. on December 3, 2009.
[4] Having carefully considered the submissions of the parties, I have concluded that there is
no violation of the Collective Agreement. Accordingly, the grievance is dismissed.
Dated at Toronto this 16th day of January 2013.
Reva Devins, Vice-Chair