HomeMy WebLinkAbout2017-3737.Williams.18-06-20 DecisionCrown Employees Grievance Settlement
Board
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Toronto, Ontario M5G 1Z8
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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# 2017-3737
UNION# 2017-0378-0092
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 overtime pay with respect
to June 23 and July 6, 2017.
[4] There is no dispute that the Employer canvassed employees on the afternoon
shift on June 22 and July 5, 2017 with respect to overtime opportunities that
respectively arose for the following day. On both June 22 and July 5, the grievor was
deemed not available for the overtime opportunities the following day since he was
absent from work due to illness.
[5] The Memorandum of Agreement Re: Overtime Equalization for Logistics
Facilities expressly stipulates that overtime hours will be “charged” to employees where
hours are offered and refused, or if they are absent from work due to any reason
including vacation. In this regard, it has been the practice of the Employer not to
canvass employees that are absent due to sickness for an overtime opportunity for the
following day.
-3-
[6] In light of the wording of the Memorandum of Agreement and the practice of the
Employer, it is my determination that the grievor being bypassed for the relevant
overtime opportunities that arose on June 23 and July 6, 2017 did not violate the
collective agreement.
[7] Accordingly, the grievance is, hereby, dismissed.
Dated at Toronto, Ontario this 20th day of June, 2018.
“Brian P. Sheehan”
______________________
Brian P. Sheehan, Arbitrator