HomeMy WebLinkAbout2020-1893.Forsey.21-01-20 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# 2020-1893
UNION# 2020-0378-0079
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Forsey) Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario) Employer
BEFORE Ian Anderson Arbitrator
FOR THE UNION Erin Thorson
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Charles Edison
Liquor Control Board of Ontario
Regional Director
HEARING January 19, 2021
- 2 -
Decision
[1] The parties have agreed to an expedited mediation-arbitration process to effect
the quick disposition of grievances and reduce the number of outstanding
disputes. Appendix 2 incorporates the parties’ Memorandum of Agreement and
confirms that where grievances are referred to the mediation/arbitration process,
the parties will attempt to reach a mediated resolution, failing which, the
Arbitrator will issue a written decision that is without prejudice or precedent.
[2] The parties specifically agreed that this matter was properly referred for
expedited mediation-arbitration as contemplated under Appendix 2. Attempts to
resolve the matter through mediation were unsuccessful.
[3] The Grievor accepted a temporary acting assignment in a managerial position
outside of the bargaining unit in August, 2017. The assignment was extended on
several occasions, coming to an end in March, 2020. He was provided with a
letter at the time of the initial assignment and each subsequent extension
advising him, among other things, that he would be ineligible for overtime
opportunities in the bargaining unit. Following the conclusion of the last
extension, the Grievor was out of the work place for unrelated reasons until July,
2020. Shortly following his return to work he spoke with a fellow bargaining unit
member who told him that when he was in a temporary acting assignment in a
managerial position some years earlier, he had been offered and had worked
overtime within the bargaining unit. The grievance before me was filed on
August 31, 2020. It seeks compensation for loss of overtime opportunities in the
bargaining unit during the period August, 2017 to March, 2020.
[4] The grievance is clearly untimely. The Grievor was expressly made aware of the
Employer’s position that he was not entitled to overtime within the bargaining unit
on several occasions while he was in the acting position. No grievance was filed
at that the time.
[5] Accordingly, the grievance is dismissed.
Dated at Toronto, Ontario this 20th day of January, 2021.
“Ian Anderson”
________________________
Ian Anderson, Arbitrator