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HomeMy WebLinkAbout2001-0552.Policy Grievance.01-09-19 Decision ~M~ om~o EA1PLOYES DE LA COURONNE _Wi iii~~~i~T DE L "ONTARIO COMMISSION DE REGLEMENT "IIIl__1I'" BOARD DES GRIEFS Ontario 180 DUNDAS STREET WEST SUITE 600 TORONTO ON M5G 128 TELEPHONElTELEPHONE. (416) 326-1388 180 RUE DUNDAS OUEST BUREAU 600 TORONTO (ON) M5G 128 FACSIMILE/TELECOPIE. (416) 326-1396 GSB#0552/01 UNION# OLB256/01 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano LIqUor Board Employees' Umon (PolIcy Gnevance) Grievor -and- The Crown In RIght of Ontano (LIqUor Control Board of Ontano) Employer BEFORE Jules Bloch Vice-Chair FOR THE GRIEVOR Larry SteInberg Counsel Koskie Minsky Bamsters & SOlICItorS FOR THE EMPLOYER Myfanwy Marshall Counsel Legal ServIces LIquor Control Board of Ontano HEARING September 17 2001 DECISION 1 The Parties, at the beginning of the heanng requested that I stand down so that they could discuss this matter The parties entered Into a memorandum of settlement which clothed me with Junsdlctlon to deal with all gnevances relating to the "net payment, after deductions Issues" which emanates from the year 2000 negotiations 2 On the basIs of the memorandum of settlement dated September 17, 2001, I find that I have Junsdlctlon to deal with all matters anslng out of the "net payment, after deductions Issues" raised In the year 2000 negotiations 3 The LCBO raised a timeliness argument. The LCBO asserts that the collective agreement creates a time limit of ten days from when an employee first becomes aware of the circumstances giving nse to the complaint or difference and therefore, asserts the LCBO, the gnevances are untimely 4 Having reviewed the eVidence and the submissions tendered by the parties and In particular the eVidence relating to the Spnng 2001 Issue of the Echo, I find that all gnevances filed on or before June 30, 2001 are timely and will proceed before me In respect of all gnevances, relating to thiS Issue, which have been filed after June 30, 2001, those gnevances are untimely and are therefore dismissed 5 The GSB IS directed to consult with the parties In setting dates In thiS matter 6 I am seized of any matters relating to the gnevances referred herein Dated at Toronto, thiS 19th Day of September 2001 . Jules Bloch, Vice-Chair