HomeMy WebLinkAbout2011-3051.Brown.13-03-01 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#2011-3051
UNION#2011-0163-0037
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Brown) Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario) Employer
BEFORE Reva Devins Vice-Chair
FOR THE UNION Val Patrick
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Deborah Grove
Liquor Control Board of Ontario
LCBO Eastern Regional Office
HR Manager
HEARING February 26, 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 alleged that casual employees that were junior to her were given hours for
which she was available but did not work. Due to a medical accommodation, the Grievor
was limited to working no more than 5 hours per shift. She recalls a number of occasions
beginning in or around November 2011 when she was assigned to a 4-8 p.m. shift while
junior employees worked from 3-4 p.m. She believes that she could have been scheduled
to work from 3-8 p.m. The Grievor was not able to produce any schedules to confirm her
position.
[3] The Employer reviewed the relevant schedules for the period at issue and confirmed that
there was one shift, in November 2012, where the Grievor worked from 4-8 p.m. and a
junior employee worked 9 a.m-4 p.m. The Employer agreed that the Grievor should be
paid for the loss of this hour. On all other occasions, the schedules indicate that
whenever the Grievor worked a 4-8 p.m. shift the shifts of the junior employees were
from 9 a.m.-5 p.m., or 8 or 9 a.m. to 12 or 1 p.m.
[4] Having considered the submissions of the parties, I am satisfied that with the exception of
one shift, the Grievor only worked a 4 hour shift where junior employees were scheduled
to work either an overlapping shift that extended beyond her start time or a shift that
ended before the commencement of her shift. As acknowledged by the Employer, the
Grievor should be paid for the loss of one hour on the single shift in November 2012
where she could have worked from 3 p.m. – 8 p.m. The LCBO has agreed to pay the
Grievor one hour of straight time at the relevant rate of pay. I will remain seized with
respect to the repayment of this amount.
-2-
[5] The grievance is otherwise dismissed.
Dated at Toronto this 1st day of March 2013.
Reva Devins, Vice-Chair