HomeMy WebLinkAbout2017-3564.Williams.18-06-20 DecisionCrown Employees Grievance Settlement
Board
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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# 2017-3564
UNION# 2017-0378-0090
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Williams) Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario) Employer
BEFORE
Brian P. 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 June 7, 2018
-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] Everton Williams (the “grievor”) is employed as a full-time Warehouse Worker at
the Durham Retail Service Centre.
[3] The grievance asserts that the grievor was entitled to 4 hours of overtime pay in
relation to an overtime opportunity that occurred on Tuesday October 17, 2017.
[4] There is no dispute that the grievor was not canvassed for that overtime
opportunity as he should have been. The grievor, however, was not “charged” with
respect to that missed overtime opportunity for the purposes of the overtime
equalization process.
[5] Pursuant to the Memorandum of Agreement Re: Overtime Equalization for
Logistics Facilities, an overtime opportunity will be first offered to permanent full-time
employees with the least number of accumulated overtime hours in the department, at
work, by shift, by the classification that normally performs the work for which such
overtime is required based on the employer’s most recent list. If an employee is
inadvertently bypassed for a particular overtime opportunity, yet not “charged” for that
opportunity, the missed opportunity should not necessarily adversely impact the
-3-
employee as he/she will, on a relative basis, be in a “no worse off” position (his/her
accumulated overtime hours have not been increased); and therefore, bear no effect on
the next relevant overtime opportunity. In this regard, missed opportunities which are
not “charged” should theoretically work themselves out “in the wash” of the overtime
equalization process.
[6] At the end of June and December each year, there is a reconciling of overtime
opportunities and pursuant to the Memorandum of Agreement, if there is more than a
15-hour difference between the accumulated overtime hours of a particular employee in
comparison to the employee with the greatest number of accumulated overtime hours
(in the same department, classification and shift) during the relevant six-month period,
the overtime opportunities are deemed not equalized; and as such, the employee is
entitled to a monetary adjustment in relation to overtime.
[7] There is no dispute that, as of December 31, 2017, the grievor was within 15
hours of the employee with the greatest number of accumulated overtime hours for the
July 1 to December 31, 2017 time period; and thus, the overtime opportunities of the
grievor and this employee were deemed equalized.
[8] In light of the above, the grievor did not have a claim for monetary relief as a
result of the missed overtime opportunity on October 17, 2017; accordingly, the
grievance is, hereby, dismissed.
Dated at Toronto, Ontario this 20th day of June, 2018.
“Brian P. Sheehan”
______________________
Brian P. Sheehan, Arbitrator