HomeMy WebLinkAbout2009-0087.Smyth.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#2009-0087
UNION#2009-0499-0003
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Smyth) 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 Grievor allege that the Employer failed to offer training opportunities to him and
discriminated on the basis of sex when it selected a female co-worker for training opportunities
in the position of Clerk 3.
[3] The Employer submitted that the Grievor has been a Warehouse Worker 4 since May 1,
2007 and therefore was not eligible to apply for a Clerk 3 position when the clerk training was
offered. In any event, there is no evidence of discrimination and the Grievor was subsequently
offered clerk opportunities in accordance with his requests.
[4] Although I appreciate that the Grievor would very much like the opportunity to transfer
to an office setting, the current Collective Agreement restricts him to applying for a “promotion”.
As a Warehouse Worker 4, he is thus not eligible for any Clerk position, all of which fall below
his pay grade. Having carefully considered the submissions of the parties, I have concluded that
there is no evidence of discrimination and no violation of the Collective Agreement.
Accordingly, the grievance is dismissed.
Dated at Toronto this 16th day of January 2013.
Reva Devins, Vice-Chair