HomeMy WebLinkAbout2013-3944.Potvin.16-10-31 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#2013-3944, 2014-2408, 2014-2770, 2014-3187, 2014-3245, 2014-3356, 2014-3617,
2014-3726, 2014-3884, 2014-4217, 2014-4459
UNION#2013-0499-0080, 2014-0499-0050, 2014-0499-0067, 2014-0499-0083,
2014-0499-0087, 2014-0499-0094, 2014-0499-0107, 2014-0499-0117, 2014-0499-0125,
2014-0499-0131, 2014-0499-0142
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Potvin) 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 Brodie MacRae
Ontario Public Service Employees Union
Grievance Officers
FOR THE EMPLOYER Erin Charbonneau
Liquor Control Board of Ontario
HR Manager
Carlos Valencia
Liquor Control Board of Ontario
Ottawa Retail Centre]
General Manager
HEARING October 26, 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 are normally
settled pursuant to that process. However, where a mediated agreement is not
attainable and the grievance remains unresolved, the parties have agreed that the Vice-
Chair will determine the matter without formal proceedings. The process provides that
the Vice-Chair shall issue a decision which shall be applicable only to the case heard,
shall be without prejudice, 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 and shall provide only brief reasons, if any.
[2] On October 26 and 27, 2016 the parties at 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
grievances that are the subject of this decision were ones that the parties agreed to deal
with.
[3] The grievances before me all allege that the grievor was either not offered overtime
or was refused overtime on nineteen shifts. The grievances allege that this occurred
because he is on a permanent accommodation or as it was put on other occasions,
because he is on modified work duties. There is no dispute that the grievor suffers from
a disability which the employer is currently accommodating.
[4] During the mediation process the employer was willing to concede that on nine of
the dates raised in the grievances, that the grievor could have performed overtime work
on those occasions. However, the parties remained in dispute regarding whether or not
the grievor could have performed work on other dates raised in the grievances.
[5] The issue of the accommodation of the grievor’s disability was central to the
discussions which took place during the process. I am satisfied that any and all issues
- 3 -
which could give rise to a complaint pursuant to the Human Rights Code have been
thoroughly canvassed and dealt with. In coming to the conclusions which follow I have
taken them into account in determining the appropriate remedy.
[6] After carefully considering the documents provided, the other evidence before me
and the submissions of the parties I have concluded that the grievor should be
compensated for an additional two shifts. He is therefore to be paid a total of sixty-four
hours at time and one half. The hourly rate to be used to calculate the amount owed to
the grievor should be the hourly rate which was in effect as of July, 2014.
[7] The grievances are therefore upheld in part.
Dated at Toronto, Ontario this 31st day of October 2016.
Janice Johnston, Vice Chair