HomeMy WebLinkAbout2014-2820 Hendry.17-06-12 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#2014-2820, 2014-3118, 2014-3241, 2014-3246, 2014-3355, 2014-3616, 2014-3822,
2014-3823, 2014-4094, 2014-4121, 2014-4460, 2014-4984, 2015-0684, 2015-1093
UNION#2014-0499-0070, 2014-0499-0078, 2014-0499-0082, 2014-0499-0088,
2014-0499-0093, 2014-0499-0106, 2014-0499-0121, 2014-0499-0122, 2014-0499-0132,
2014-0499-0128, 2014-0499-0143, 2015-0499-0015, 2015-0499-0025, 2015-0499-0058
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Hendry) 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] Ten of the grievances before me allege that the grievor was either not offered
overtime or was refused overtime inappropriately. The grievances allege that this
occurred because he was being accommodated in the workplace and is on modified
work duties. There is no dispute that at the time the grievances arose that the grievor
was suffering from a disability which the employer accommodated.
[4] During the mediation process the employer offered to provide the grievor with ten
attendance credits as a compromise settlement. After carefully considering the
documents provided, the other evidence before me and the submissions of the parties I
have concluded that this is an appropriate remedy for the overtime grievances and I
direct the employer to provide the grievor with ten attendance credits. Therefore,
Grievance Numbers 2014-0499-0070; 2014-0499-0078; 2014-0499-0082;
2014-0499-0088; 2014-0499-0093; 2014-0499-0106; 2014-0499-0128;
2014-0499-0132; 2014-0499-0143; and 2015-0499-0025 are upheld in part.
- 3 -
[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
which could give rise to a complaint pursuant to the Human Rights Code have been
thoroughly canvassed and dealt with.
[6] OPSEU grievance numbers 2014-0499-0121 and 2014-0499-0122 raise allegations
of harassment. They are hereby dismissed.
[7] OPSEU grievance number 2015-0499-0015 deals with a three day suspension
received by the grievor in January, 2015. After carefully considering the submissions of
the parties I have determined that it is appropriate to reduce this to a one day
suspension. The employer is directed to reimburse the grievor for two days pay at the
appropriate rate of pay. Therefore, Grievance Number 2015-0499-0015 is upheld in
part.
Dated at Toronto, Ontario this 12th day of June 2017.
Janice Johnston, Vice-Chair