HomeMy WebLinkAbout2015-2179.McCormick.16-08-30 Decision
Crown 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#2015-2179
UNION#2015-0164-0029
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(McCormick) Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario) Employer
BEFORE Brian P. Sheehan Vice-Chair
FOR THE UNION Brodie MacRae
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Deborah Grove
Liquor Control Board of Ontario
HR Manager
HEARING August 8, 2016
- 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 facts in this matter are straightforward and essentially are not in dispute.
[3] On July 6, 2015, the grievor received a one-day suspension for an incident that
took place on June 12, 2015.
[4] Bottles moving along a conveyor belt in the work area the grievor was
responsible for, apparently and with some degree of frequency, fell off the conveyor
belt. From the grievor’s perspective, the flying glass, broken glass shards, and the
residual liquid laying on the ground represented a significant health and safety risk.
[5] The grievor had, on more than one occasion, apparently raised the issue of the
falling bottles with his manager. He had also referred the issue to the Joint Health and
Safety Committee.
[6] Frustrated by his perception of a continual lack of action with respect to the
issue, the grievor, on June 12, 2015 in an outburst, which involved yelling and swearing
in the presence of his manager and other workers, claimed he was sick and tired that
nothing was being done with respect to the mess in his work area.
[7] The grievor did not, in any way, attempt to dispute the nature of his outburst. He
was, however, of the view that the issued discipline was not warranted, given the level
of frustration he had been experiencing due to the lack of action regarding a matter he
viewed as a significant health and safety issue.
- 3 -
[8] The Employer clearly had cause to discipline the grievor with respect to his
outburst on June 12, 2015. Irrespective of the grievor’s purported sense of frustration,
such behaviour was not appropriate and cannot be condoned. That being said, in
keeping with the principle of progressive discipline and in light of the grievor’s length of
service, and the particular circumstances involved, it is appropriate, in my view, to
reduce the issued discipline to a written reprimand.
[9] Accordingly, the grievance is upheld and the issued penalty is reduced to a
written reprimand, and the Employer is ordered to pay to the grievor a sum equal to one
day’s pay less applicable deductions.
[10] I remain seized with respect to any dispute regarding the implementation of this
award.
Dated at Toronto, Ontario this 30th day of August 2016
Brian P. Sheehan, Vice Chair