HomeMy WebLinkAbout2020-2197.Hamilton.21-03-25 DecisionCrown 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# 2020-2197
UNION# 2020-0378-0096
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Hamilton) Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario) Employer
BEFORE
Brian P. Sheehan
Arbitrator
FOR THE UNION
Erin Thorson
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Beverly Jordan
Liquor Control Board of Ontario
HR Manager
HEARING March 22, 2021
-2-
DECISION
[1] The Employer and the Union at the Liquor Control Board of Ontario, Durham
Retail Service Centre, agreed to participate in the Expedited Mediation/Arbitration
process in accordance with the negotiated Protocol. It is not necessary to reproduce
the entire Protocol. Suffice to say that the parties have agreed to a True
Mediation/Arbitration process wherein each party provides the Arbitrator with their
submissions setting out the facts and the authorities they respectively will rely upon.
This decision is issued in accordance with Appendix 2 – Memorandum of Agreement of
the collective agreement, and it is without prejudice or precedent.
[2] Lee Hamilton (the “grievor”) is employed as a full-time Warehouse Worker at the
Durham Retail Service Centre.
[3] The grievor is a Steward with the Union. On October 6, 2020, he put in a request
for Union leave for October 24, 2020, so he could attend an OPSEU pre-bargaining
conference.
[4] The grievor asserted that since he was on an approved Union leave, the
Employer improperly “charged” the hours he was scheduled to work on October 24,
2020, for the purposes of the agreed-to overtime equalization process.
[5] The Memorandum of Agreement Re: Overtime Equalization for Logistics
Facilities, which is part of the collective agreement, contains the following wording:
Tracking and Administration
Overtime Hours will be charged to employees where:
a. Hours are offered and refused
-3-
b. They are absent due to any reason including vacation.
[6] An absence due to Union leave comfortably fits within the phrase “absent due to
any reason.” Accordingly, the Employer properly treated the grievor’s absence on
October 24, 2020, as “charged” overtime hours; as such, the grievance is, hereby,
dismissed.
Dated at Toronto, Ontario this 25th day of March, 2021.
“Brian P. Sheehan”
______________________
Brian P. Sheehan, Arbitrator