HomeMy WebLinkAbout2017-3092.Perreault.18-05-07 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# 2017-3092
UNION# 2017-0499-0068
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Perreault) Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario) Employer
BEFORE Janice Johnston Arbitrator
FOR THE UNION Alison Nielsen-Jones
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Erin Charbonneau
Liquor Control Board of Ontario
HR Manager
Carlos Valencia
Liquor Control Board of Ontario
General Manager
HEARING May 3, 2018
-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 May 3 and 4, 2018 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 grievance that is the subject of this decision was one that the parties agreed
to deal with.
[3] The grievance before me alleges that the grievor was not appropriately
scheduled hours of work according to his seniority and the collective agreement.
After considering the submissions of the parties I am of the view that there has
been no violation of the collective agreement.
[4] The grievance is dismissed.
Dated at Toronto, Ontario this 7th day of May, 2018.
“Janice Johnston”
Janice Johnston, Arbitrator