HomeMy WebLinkAbout2014-4095 MacVicar.17-06-09 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#2014-4095, 2014-4096
UNION#2014-0499-0134, 2014-0499-0135
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(MacVicar) Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario) Employer
BEFORE Janice Johnston Vice-Chair
FOR THE UNION Brodie MacRae
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Erin Charbonneau
Liquor Control Board of Ontario
HR Manager
HEARING June 8, 2017
- 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 June 8, 2017, 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 deal with two letters of reprimand issued to the grievor.
[4] The first is dated May 23, 2014. Pursuant to Article 27.2 of the collective agreement
as this letter is more than three years old it may no longer be used in a subsequent
disciplinary proceeding. Accordingly, the employer is directed to remove it from the
grievor’s file.
[5] The second letter of reprimand is dated December 5, 2014. Given the length of time
that has passed since it was issued, I direct the employer to convert the letter of
reprimand to a letter of counsel dated the same date.
- 3 -
[6] Therefore, Grievance Number 2014-0499-0134 is upheld in part and Grievance
Number 2014-0499-0135 is dismissed.
Dated at Toronto, Ontario this 9th day of June 2017.
Janice Johnston, Vice-Chair