HomeMy WebLinkAbout2016-0517.Cummings.19-11-27 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# 2016-0517
UNION# 2016-0379-0012
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Cummings) 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 Laura Chartrand
HR Advisor, ERO
Liquor Control Board of Ontario
HEARING November 19, 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 November 19, 2019 the parties in the Eastern Region 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 she was not appropriately
accommodated by the employer. As a result it appears she may have lost the
opportunity to be paid shift premium on a number of occasions. After carefully
considering the evidence and submissions of the parties I have concluded that
the employer should compensate the grievor in the amount of $500 to be paid to
her as damages.
[4] The grievance is therefore upheld in part.
[5] 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 27th day of November 2019.
“Janice Johnston”
Janice Johnston, Arbitrator