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Home My WebLink About2012-1793.Parks et al.21-06-24 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 UNION# 2012-0378-0051 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 Chris Bryden Ryder Wright Blair & Holmes LLP Counsel FOR THE EMPLOYER Andrew Cogswell Liquor Control Board of Ontario Counsel HEARING June 16, 2021 - 2 - 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, and issued a Preliminary Decision dated February 26, 2020. [3] The Preliminary Decision ordered the Union to produce a final and exhaustive list of any employees they reasonably believe are captured by the Minutes of Settlement and have not yet received the entitlement. The Employer was required to respond to the Union’s List, with brief submissions to accompany any employee they disagree with. [4] The above order was complied with and I remained seized with respect to any disagreement. [5] The Parties appeared before me at the Grievance Settlement Board on June 16, 2021 and provided submissions on the remaining disputes. Undisputed Employees [6] The Parties agreed that the following group of employees are properly captured by the Minutes of Settlement, and have not yet received entitlement: First Name Last Name Tim Anderson Brian Bourassa Ray Carter Wayne Dagnall Dave Fleming O’Neil Grant Daniel Kennedy Kevin Lee - 3 - [7] Therefore, the Employer is ordered to provide each employee with the payment set out in Paragraph 8 of the Minutes of Settlement and correct their vacation entitlement accrual on a go forward basis. Disputed Employees [8] Having heard the submissions of the parties it is my determination that the remaining employees are not eligible for entitlement through the Minutes of Settlement. [9] The Minutes of Settlement apply only to employees that have not already received entitlement pursuant to the Minutes of Settlement; are currently active employees; have attained Seasonal Status, and; have suffered a historical impact to their vacation entitlement. Previously Compensated [10] The Employer provided payment records and I find the following group of employees are not entitled to relief, as they have already been paid and compensated in accordance with the Minutes of Settlement: First Name Last Name Jack Bavaro C. (Nick) Ferguson Dan Lloyd Dave McCormick James Petrovicz Norma Trafford Cathy Allison Chris Lorette Darryl Lumley Andrew Mckenzie Eric Mompoint Michael Romeo Stephen Thompson Neil Valois John Wilkin Darren Stehle - 4 - Steven Fitzpatrick Dennis James Anthony Kameka Mark Livertovski Tyrone Miranda Filip Radman Christopher Reeve Andre Trim Steven Tucci Johnnie Tynes Inactive Employees [11] I find the following group of employees are no longer employed by the Employer and are, therefore, not entitled to relief pursuant to the Minutes of Settlement. Employees Goyette, Mackenzie, and Robinson also appear in the group identified in paragraph 14: First Name Last Name Denis Goyette Robert Luff Ian Mackenzie Stephen Robinson Failed to Attain Seasonal Status [12] The Minutes of Settlement specifically relates to the correct interpretation of Article 4- 10.8 of Appendix 4 – Seasonal Employees of the Collective Agreement. Naturally, the Minutes of Settlement and any entitlements pursuant to same can only apply to employees that achieved “Seasonal” classification. [13] The terms and framework of the “Seasonal” classification was introduced through an arbitration award issued May 11, 2000 (the “Knopf Award”). The Knopf award established the required hours to obtain and maintain Seasonal status and, importantly, indicated that employees must have met the requirements as of July 1, 1997. - 5 - [14] I find the following group of employees became Permanent Full-Time employees prior to the Knopf Award. Therefore, the employees never attained seasonal status and are not entitled to be compensated in accordance with the Minutes of Settlement. First Name Last Name Francisco Cabarle Therese Coombes Kevin Day James Ervin Errol Fraser Sean Gately Ronald Giesbrecht Christopher Goodyear Denis Goyette Ramzi Khalileyh Ian Mackenzie Michael Malish Andre Mulligan Paul Neal Kathy Peterson Stephen Robinson Dominic Roti Christopher Rundle Marlene Scott Robert Slute Jeffrey Stamp Dwayne Stephenson Dave Swindells George Theodoropoulos Stephen Toth Mark Walker John Willet [15] It is also agreed upon between the Parties that the Seasonal Classification exists only within the Logistics Division. Therefore, I find the following group of employees is not entitled to compensation because they are employed in a division outside of Logistics, where “Seasonal” status does not exist as a classification: - 6 - First Name Last Name Robert Giountos Nicole Koca Matthew Scholz [16] As mentioned briefly above, employees must meet specific hours requirements in order to qualify for and maintain the Seasonal Classification. [17] There was no record of the following employees attaining Seasonal status and, therefore, they are not entitled to compensation pursuant to the Minutes of Settlement: First Name Last Name James Agmaliw Kevin Doherty John Hollohan Kevin Shields Daniel Smyth Shawn Taylor Terry Trenholm Avis Van Amerongen James Williams No Historical Impact [18] On a plain reading, it is clear that paragraph 6 of the Minutes of Settlement was intended to correct the vacation entitlement for affected employees on a go-forward basis and paragraph 8, the standard payment, was intended to provide a historical correction to the prior miscalculation of their entitlements. [19] Seasonal Employees earn vacation credits at different rates depending on their years of service pursuant to Appendix 4, 4-10.8 of the Collective Agreement. Therefore, it is necessary for their “Seasonal Appointment Date” to be properly captured to ensure they receive an increase to their vacation rate at the correct intervals. - 7 - [20] The first increase to the vacation accrual rate occurs after 8 years of service. Therefore, a seasonal employee with less than 8 years of service cannot have suffered any deficiency in their vacation accrual. [21] The following group of employees are entitled to have their Seasonal Appointment Date corrected to ensure compliance with Paragraph 6 of the Minutes of Settlement, but due to their level of seniority they have not in fact been impacted by the clerical error: [22] Lastly, I find the following group of employees have the correct Seasonal Appointment Date and have had no historical impact to their vacation entitlement, and are therefore entitled to no compensation or adjustment to their seasonal date pursuant to the Minutes of Settlement: First Name Last Name Dachi Archvadze Devon Chaplin Paschalis Gogos Fergus Imrie David Parker Philip Roura Immanuel Wint Dated at Toronto, Ontario this 24th day of June 2021. “Barry Fisher” ________________________ Barry Fisher, Arbitrator First Name Last Name Adrian Arce Felix Castillo Milton Laidley Majid Nosrati