HomeMy WebLinkAbout2012-1793.Parks et al.20-02-26 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#2012-1793; 2015-1426; 2015-1435; 2016-2002; LCBO#11496
UNION# 2012-0378-0051; 2015-0378-0052; 2015-0378-0062; 2016-0499-0116
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Parks et al) Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario) Employer
BEFORE Barry Fisher Arbitrator
FOR THE UNION Jennifer Micallef
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Andrew Cogswell
Liquor Control Board of Ontario
Counsel
HEARING February 24, 2020
- 2 -
Preliminary Decision
[1] The Parties entered into Minutes of Settlement in or around December 2017, to
resolve the above noted grievances relating to vacation credits for Seasonal
Employees (the “Agreement”).
[2] I remained seized with respect to any dispute arising out of the interpretation,
implementation, or alleged violation of the Agreement.
[3] The Parties appeared before me at the Grievance Settlement Board on February
24, 2020 to resolve some remaining issues pertaining to the Agreement.
[4] In order to properly adjudicate this matter, I make the following Order.
a. By March 24, 2020 the Union will provide the Employer with a list within which
the Union will identify all additional bargaining unit employees that are alleged
to be captured by the Agreement, pursuant to paragraph 9.
b. For greater certainty, the names on the list will include only those employees
that the Union reasonably believes have not received the entitlement set out
in Paragraphs 6 and/or 8 of the Agreement. This list of bargaining unit
employees will be exhaustive.
c. The Parties agree that this is the only list that will be provided to the Employer
and any and all names not enumerated in the list will forever be barred from
raising any further issues with the Agreement in part or in whole in the future.
d. Upon receiving the list the Employer agrees to make reasonable efforts, but
otherwise before 90 days, to agree or disagree on each employee.
e. For any employee the Employer disagrees on their entitlement pursuant to
the Agreement (“the Denials”), the Employer will provide a brief explanation to
the Union concerning the Employer’s denial.
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f. The Parties agree to reconvene for a hearing to determine any alleged
entitlement for the Denials, before me of the Grievance Settlement Board.
Dated at Toronto, Ontario this 26th day of February, 2020.
“Barry Fisher”
Barry Fisher, Arbitrator