HomeMy WebLinkAbout2014-3679.Clark.16-04-13 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#2014-3679
UNION#2014-0499-0114
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Clark) Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario) Employer
BEFORE Janice Johnston Vice-Chair
FOR THE UNION Frank Inglis and Lori Davis
Ontario Public Service Employees Union
Grievance Officers
FOR THE EMPLOYER Mark Upton
Liquor Control Board of Ontario
HR Consultant
HEARING April 5, 2016
- 2 -
Decision
[1] The Employer and the Union agreed to participate in the expedited Mediation-
Arbitration process in accordance with the Memorandum of Agreement found in
Appendix 2 to the collective agreement. The majority of the grievances dealt with in this
process are normally settled. However, if where a mediated agreement is not attainable
and the grievance remains unresolved, the Memorandum of Agreement provides that
the GSB Arbitrator shall issue a decision. The decision issued by the Arbitrator shall be
applicable only to the case heard and shall not be used as a precedent for future cases
and is not appealable. Any decision rendered must be issued within two weeks of the
date of the hearing.
[2] On April 5 and 6, 2016 the parties at the Ottawa Retail Service Centre agreed to
participate in the expedited Mediation-Arbitration process in accordance with the
Memorandum of Agreement found in Appendix 2 to the collective agreement. The
grievance that is the subject of this decision was one of the grievances that the parties
agreed to deal with.
[3] On October 17, 2014 the grievor was given a Letter of Reprimand for engaging in an
unsafe act while working. The grievor was operating a Transporter when a co-worker
jumped on the forks. The co-worker remained on the forks while the grievor continued to
drive. The grievor does not deny that this occurred and that it was dangerous. However,
the grievor asserts that at first he was not aware that the co-worker had remained on
the forks and when he became aware he stopped in a gradual fashion.
[4] After carefully considering the evidence and submissions of the parties I have
concluded that although a Letter of Reprimand was warranted at the time, given the
acknowledgement of the grievor regarding his conduct and his assertion that it will not
occur again, I have concluded that the Reprimand should be removed from his file on
October 31, 2016. Accordingly I direct the Employer to do so.
[5] The grievance is therefore upheld in part.
- 3 -
[6] In the event that the parties have any difficulties with the interpretation or
implementation of this award I shall remain seized.
Dated at Toronto, Ontario this 13th day of April 2016.
Janice Johnson, Vice Chair