HomeMy WebLinkAbout2021-0330.Williams.21-09-02 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# 2021-0330
UNION# 2021-0378-0019
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Williams) Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario) Employer
BEFORE Janice Johnston Arbitrator
FOR THE UNION Erin Thorson
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Beverly Jordan
Liquor Control Board of Ontario
HR Advisor
HEARING DATE August 31, 2021
- 2 -
DECISION
[1] The Employer and the Union agreed to participate in the expedited Mediation-
Arbitration process in accordance with the Memorandum of Agreement found in
Appendix 2 to the collective agreement. The majority of the grievances dealt
with in this process are normally settled. However, if where a mediated
agreement is not attainable and the grievance remains unresolved, the
Memorandum of Agreement provides that the GSB Arbitrator shall issue a
decision. The decision issued by the Arbitrator shall be applicable only to the
case heard and shall not be used as a precedent for future cases and is not
appealable. Any decision rendered must be issued within two weeks of the date
of the hearing.
[2] On August 31, 2021 the parties at the Durham Retail Service Centre agreed to
participate in the expedited Mediation-Arbitration process in accordance with the
Memorandum of Agreement found in Appendix 2 to the collective agreement.
The grievance that is the subject of this decision was one of the grievances that
the parties agreed to deal with.
[3] The Grievor in this case is claiming that the Employer is violating the Human
Rights Code and the Collective Agreement. He is seeking lost wages and
damages. During the mediation the Employer offered to pay the Grievor five
days wages. After carefully considering the evidence and submissions of the
parties I have concluded that this is a fair and reasonable offer and I direct the
Employer to pay to the Grievor five days wages at the current rate of pay minus
any applicable deductions.
[4] The grievance is hereby terminated.
[5] In the event that the parties have any difficulties with the interpretation or
implementation of this award I shall remain seized.
Dated at Toronto, Ontario, this 2nd day of September, 2021.
“Janice Johnston”
_______________________
Janice Johnston, Arbitrator