HomeMy WebLinkAbout2015-2378.Seid.17-10-02 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#s 2015-2378; 2016-0086
UNION#s 2015-0499-0108; 2016-0499-0014
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Seid) Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario) Employer
BEFORE Janice Johnston Arbitrator
FOR THE UNION Brodie MacRae
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Erin Charbonneau
Liquor Control Board of Ontario
HR Manager
Joe Colangelo
Ottawa Retail Service Centre
Operations Manager
HEARING September 27, 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
Arbitrator will determine the matter without formal proceedings. The process provides
that the Arbitrator 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 September 26/27, 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 two of the ones that the parties
agreed to deal with.
[3] Grievance Number 2015-0499-0108, GSB# 2015-2378, pertains to the Grievor’s
annual performance review conducted in 2015. The Grievor wishes to have a comment
removed from it. The comment did not affect the rating he received. Accordingly the
grievance is dismissed.
[4] Grievance Number 2016-0499-0014, GSB# 2016-0086, asserts that a five day
suspension received by the grievor for unsafe and inappropriate behaviour was
excessive. The grievor seeks to have it removed from his file and to be paid for five
days. In my view although the grievor’s conduct was dangerous and inappropriate, a
five day suspension is too long. Accordingly the suspension is reduced to a two day
suspension and the grievor is to be compensated for three days at the applicable rate.
The grievance is upheld in part.
- 3 -
Dated at Toronto, Ontario this 2nd day of October 2017.
Janice Johnston, Arbitrator