HomeMy WebLinkAbout2007-0742.Cicconi.08-07-17 Decision
Commission de
Crown Employees
Grievance Settlement
règlement des griefs
Board
des employés de la
Couronne
Suite 600 Bureau 600
180 Dundas St. West 180, rue Dundas Ouest
Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 Tél. : (416) 326-1388
Fax (416) 326-1396 Téléc. : (416) 326-1396
GSB# 2007-0742, 2007-1435, 2007-3510, 2008-1318
UNION# 2007-5107-0006, 2007-5107-0011, 2007-5107-0039, 2008-5107-0001
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Cicconi)
Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario)
Employer
BEFOREVice-Chair
Gerry Lee
FOR THE UNION Jean Chaykowsky & Steve Saysell
Grievance Officers
Ontario Public Service Employees Union
FOR THE EMPLOYER Yolanda Watson
Labour Relations Representative
Liquor Control Board of Ontario
HEARING June 27, 2008.
2
Decision
The parties referred the above captioned grievances to mediation/arbitration in accordance with
Article 27.11 and Appendix 2 of the Collective Agreement. The grievances concern discipline
and the denial of promotional opportunities.
At the outset of the hearing, the parties agreed that I had jurisdiction to deal with this matter and
they requested that I issue a ?without precedent? decision with no reasons.
Having carefully reviewed the submissions of the parties, I have concluded that the grievances
succeed to the extent outlined below:
1.With respect to job competition CR14/2008, the Employer is directed to promote the Grievor
to a Permanent Full Time Customer Service Representative position at the GTA Service
Centre effective April 6, 2009, provided the Grievor remains discipline free between the date
of this award and April 5, 2009. In light of the foregoing, should a Permanent Vacancy
Review (PVR) vacancy be required as a result of the formula for 2008 hours it need not be
posted in the GTA Service Centre.
2.The Employer is directed to pay the Grievor 7 hours pay for January 24, 2008, at his regular
rate of pay, less statutory deductions and union dues.
3.This award resolves any and all matters that were raised, or could have been raised, by the
Union or the Grievor with respect to the above captioned grievances.
4.I remain seized with respect to any issues that result from the implementation of this award.
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Dated at Toronto this 17 day of July 2008
Gerry Lee,
Vice-Chair