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HomeMy WebLinkAbout2008-1208.Moloughney.14-02-05 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#2008-1208 UNION#2008-0499-0032 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Moloughney) Union - and - The Crown in Right of Ontario (Liquor Control Board of Ontario) Employer BEFORE Reva Devins Vice-Chair FOR THE UNION Val Patrick Grievance Officer Ontario Public Service Employees Union FOR THE EMPLOYER Yolanda Watson Liquor Control Board of Ontario HR Manager HEARING February 3, 2014 - 2 - Decision [1] The parties have agreed to an expedited mediation-arbitration process to effect the speedy 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 was first hired in September 2003. He subsequently resigned in January 2005 and was rehired in March 2005. His seniority date is calculated on the basis of his last date of hire, in March 2005. On March 19, 2008, the Grievor grieved his 2005 resignation and requested a revised seniority date. [3] Having considered the submissions of the parties, I have determined that the grievance was filed significantly beyond the period permitted for filing a grievance and is hereby dismissed. Dated at Toronto this 5th day of February 2014. Reva Devins, Vice-Chair