HomeMy WebLinkAbout2016-2000.Petrovicz.18-04-25 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# 2016-2000
UNION# 2016-0378-0036
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Petrovicz) Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario) Employer
BEFORE Brian Sheehan Arbitrator
FOR THE UNION Brodie MacRae
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Beverly Jordan
Liquor Control Board of Ontario
HR Manager
HEARING December 20, 2017
-2-
Decision
[1] The Employer and the Union at the Liquor Control Board of Ontario, Durham
Retail Service Centre, agreed to participate in the Expedited Mediation/Arbitration
process in accordance with the negotiated Protocol. It is not necessary to reproduce the
entire Protocol. Suffice to say, that the parties have agreed to a True
Mediation/Arbitration process wherein each party provides the Arbitrator with their
submissions setting out the facts and the authorities they respectively will rely upon.
This decision is issued in accordance with Appendix 2 – Memorandum of Agreement of
the collective agreement; and it is without prejudice or precedent.
[2] James Petrovicz (the “grievor”) is employed at the Durham Retail Service Centre
as a Warehouse Worker 4.
[3] This grievance relates to a claim that on September 6, 2016, the grievor was
bypassed with respect to an overtime opportunity. The grievor on that day worked the
afternoon shift commencing at 4 PM. The overtime opportunity in dispute is related to
four hours of work prior to his shift commencing at noon on that day.
[4] Contrary to the assertion of the grievor, the relevant records of the Employer
establish that a telephone call was placed to the grievor at 10:44 AM with respect to that
particular overtime opportunity. The duration of the call was for 10 seconds with no
response being recorded.
[5] In light of that phone call being placed, it is my determination that there was no
violation of the collective agreement as the grievor was canvassed with respect to this
particular overtime opportunity.
-3-
[6] Accordingly, the grievance is, hereby, dismissed.
Dated at Toronto, Ontario this 25th day of April, 2018.
“Brian Sheehan”
Brian Sheehan, Arbitrator