HomeMy WebLinkAbout2016-2446.Gurnick.20-02-12 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#2016-2446
UNION# 2016-0286-0005
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Gurnick) Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario) Employer
BEFORE Dale Hewat Arbitrator
FOR THE UNION Hailey Bruckner
Paliare Roland Rosenberg Rothstein LLP
Counsel
FOR THE EMPLOYER Andrew Cogswell
Liquor Control Board of Ontario
Counsel
CONFERENCE CALL January 9 and 30, 2020
- 2 -
Decision
[1] This matter was scheduled for a hearing on January 9, 2020 but was
rescheduled for two conference calls which occurred on January 9 and January
30, 2020 to deal with various preliminary issues. This Decision deals with the
items that were agreed to with Counsel during the conference calls and orders
with respect to scope, consolidation, particulars and production.
[2] The grievance, OPSEU #2016-0286-0005, alleges that the Employer fostered a
poisoned work environment relating to allegations of harassment by the Grievor’s
manager, Charly Pychel.
[3] Post grievance, in April 2017, the Grievor was transferred to another store,
location #0052. The Union takes the position that this transfer establishes a
continuing breach of the Collective Agreement and was done as an act of reprisal
against the Grievor. The Employer takes the position that the grievance before
me does not properly include the Grievor’s transfer, which occurred six months
after the filing of the instant grievance, and objects to inclusion of the transfer as
an expansion of the scope.
[4] The Union has also made a request to consolidate this matter with another
grievance, OPSEU # 2017-0268-0008, which deals with a claim that the
Employer failed to compensate the Grievor for her time spent participating in a
police investigation which related to an incident involving a co-worker and
customer at Store location #0052. Having discussed this consolidation request
with Counsel, I have determined that I will not consolidate these matters as the
grievance #2017-0268-0008 is a separate matter from the claim of harassment
and poisoned work environment alleged in original grievance filed, occurred at a
different store involving a different manager and relates to a completely different
set of facts involving the Grievor’s participation in a police investigation.
[5] With respect to the Employer’s objection regarding expansion of scope noted in
paragraph 3 above, I have determined that it is necessary to hold a preliminary
hearing to consider whether the Grievor’s transfer to the other store location
should be included as part of the case. I also confirm that the Parties will be
permitted to call witnesses at the preliminary hearing to testify about the reasons
for the Grievor’s transfer and the Grievor’s belief about why she thinks that the
transfer constitutes evidence of continuing harassment by her manager and a
reprisal for filing the grievance. It was agreed that this preliminary hearing will be
scheduled on March 20, 2020. Depending on the outcome of the preliminary
hearing, I may issue other orders regarding production, particulars and remedy to
be provided prior to the hearing on the merits.
- 2 -
[6] In terms of outstanding production requests, the Employer has agreed to provide
the following information to the Union, with a copy to the GSB, before the
preliminary hearing on March 20, 2020:
- documentation related to any actions taken by the Employer with
respect to the Grievor’s manager Charly Pychel referenced in the
Employer’s letter to the Grievor dated December 14, 2016
- any LCBO scheduling policies that were in existence at the time of
filing of this grievance
- a copy of the Grievor’s employment file limited to one year before the
filing of the grievance
[7] Prior to the preliminary hearing on March 20, 2020, the Union has also agreed to
provide any further particulars to the Employer, with a copy to the GSB,
summarizing the Grievor’s allegations of harassment and the existence of a
poisoned work environment noted in the original grievance Union #2016-0286-
0005.
[8] This matter is scheduled to continue on March 20, 2020 for the purposes of a
preliminary hearing on the scope of the grievance. The hearing on the merits is
scheduled on June 5 and 11, 2020.
Dated at Toronto, Ontario this 12th day of February, 2020.
“Dale Hewat”
Dale Hewat, Arbitrator