HomeMy WebLinkAbout2011-2621.Delorme.14-04-15 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#2011-2621
UNION#2011-0499-0064
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Delorme) Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario) Employer
BEFORE Reva Devins Vice-Chair
FOR THE UNION Jean Chaykowsky and Frank Inglis
Ontario Public Service Employees Union
Grievance Officers
FOR THE EMPLOYER Pam LeMaistre
Liquor Control Board of Ontario
HR Manager
HEARING April 8, 2014
- 2 -
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 disputes. 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 works in the Maintenance Department. He enrolled in a Loss Prevention
Honours Certificate at Algonquin College and applied for repayment of his tuition fees
under the Continuing Education Financial Assistance Plan (CEFAP). The Grievor
maintained that he was assessed in his current position on “safety and loss prevention”.
The Employer denied the request.
[3] The Employer stated that the course taken by the Grievor was intended for entry-level
positions as a security guard or investigator. The LCBO does not employ loss prevention
investigators at local facilities and the positions at Head Office require a background in
law enforcement. Therefore, the LCBO determined that the course for which the Grievor
sought reimbursement was not one that was related to his current position or to a position
that he could logically progress. Nor did he require further training to perform the
minimal loss prevention component of his current position, which was limited to ensuring
that property was not damaged in the performance of his duties.
[4] Having considered the submissions of the parties, I am not persuaded that the Employer
improperly exercised its discretion in refusing to reimburse the Grievor for tuition for a
Loss Prevention Certificate. I am satisfied that the course was not required for the
performance of his existing duties nor could it lead to a new position within the LCBO.
[5] The grievance is dismissed.
Dated at Toronto this 15th day of April 2014.
Reva Devins, Vice-Chair