HomeMy WebLinkAbout2017-3088.MacVicar.19-02-04 DecisionCrown 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# 2017-3088
UNION# 2017-0499-0064
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(MacVicar) 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 Jennifer Ronayne
Liquor Control Board of Ontario
HR Advisor, ERO
HEARING January 30, 2019
-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 dealt with in this
process are normally settled. However, if where a mediated agreement is not attainable
and the grievance remains unresolved, the Memorandum of Agreement provides that
the GSB Arbitrator shall issue a decision. The decision issued by the Arbitrator shall be
applicable only to the case heard and 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.
[2] On January 30, 2019 the parties at the 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 of the grievances that the parties
agreed to deal with.
[3] The Grievor in this case is claiming that he was not considered for a promotion to
the position of foreperson pursuant to a job posting. For legitimate operational reasons
the employer cancelled the competition and did not fill the Foreperson position. After
carefully considering the evidence and submissions of the parties I have concluded that
the employer did not violate the collective agreement.
[5] The grievance is therefore dismissed.
[6] In the event that the parties have any difficulties with the interpretation or
implementation of this award I shall remain seized.
Dated at Toronto, Ontario this 4th day of February, 2019.
“Janice Johnston”
______________________
Janice Johnston, Arbitrator