HomeMy WebLinkAbout2014-2416.Union.17-03-07 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#2014-2416
UNION#2014-0999-0116
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Union) Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario) Employer
BEFORE Daniel Harris Vice-Chair
FOR THE UNION John Brewin
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Justin Diggle
Liquor Control Board of Ontario
Counsel
HEARING November 14, 2016
- 2 -
Decision
[1] This is a policy grievance filed by the Union dated August 21, 2014 (the
“Grievance”). In dispute, is the proper interpretation of the phrase “gross pay" in
Article 32.2(b) and Article 32.2(c) of the parties’ collective agreement, the term of
which is April 1, 2013 To March 31, 2017 (the “Collective Agreement”)?
[2] The Grievance was referred to arbitration before the Grievance Settlement
Board. On November 14, 2016 representatives of the LCBO and the Union met
with me to discuss the Grievance. As part of the proceedings, the parties made
representations to me with respect to the proper interpretation of the two articles
and the doctrine of estoppel, reached agreements with respect to the matters at
issue, and invited me to issue a Decision with respect to the proper interpretation
of the two articles at issue and its effective date.
[3] Having heard these representations and agreements, and having reviewed the
two articles, I find and declare that the term "gross pay" in Article 32.2(b) and
Article 32.2(c) of the Collective Agreement includes the following payments set
out in the Collective Agreement:
1. Payment with respect to work on a Sunday, as set out in Article 32.1(k);
2. Payment with respect to authorized work performed on a holiday, as set
out in Article 32.2(a);
3. Payment with respect to acting for the Store Manager, as set out in Article
32.1(f);
4. Payment with respect to working on the night shift, as set out in the Article
32.11; and
- 3 -
5. Payment with respect to overtime, as set out in Article 32.1(d).
[4] I further find and declare that this interpretation of the two articles shall become
effective on February 1, 2017.
[5] This Decision fully disposes of the issues raised by the Grievance or matters that
could have been raised in same.
[6] This Decision is without prejudice or precedent to any other matters between the
parties.
Dated at Toronto, Ontario this 7th day of March 2017.
Daniel Harris, Vice-Chair