HomeMy WebLinkAbout2017-2075.Rigden et al.21-10-13 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
GSB# 2017-2075; 2017-2076; 2017-2077; 2017-2078; 2017-2079; 2017-2080; 2017-2232;
2017-2425; 2017-2426; 2017-2427; 2017-2429; 2017-2734; 2017-2760; 2017-2762; 2017-2763;
2017-2773; 2017-2774; 2017-2859; 2017-2862; 2019-0801
UNION# 2017-0162-0035; 2017-0162-0036; 2017-0162-0037; 2017-0162-0038; 2017-0162-0039;
2017-0162-0052; 2017-0162-0041; 2017-0162-0055; 2017-0162-0056; 2017-0162-0057; 2017-0162-
0063; 2017-0162-0069; 2017-0162-0075; 2017-0162-0077; 2017-0162-0078; 2017-0285-0012; 2017-
0285-0013; 2017-0162-0070; 2017-0285-0014; 2019-0162-0010
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Rigden et al) Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario) Employer
BEFORE
Marilyn A. Nairn
Arbitrator
FOR THE UNION
Isaac Handley
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER
Andrew Cogswell
Liquor Control Board of Ontario
Counsel
DATES OF
REPRESENTATIONS
September 24 and October 8, 2021
-2-
INTERIM DECISION
[1] Twenty grievances giving rise to the same issue are scheduled for hearing on
December 9, 2021. Mediation has been held but the parties were not able to reach
a resolution, and the Union has advised that it intends to proceed.
[2] Having regard to the request of the Employer dated September 24, 2021 for an order
directing the Union to provide full particulars and production, and to the Union having
no objection to an order issuing, I hereby order the Union to provide the following
information and material to the Employer by no later than Friday, October 29,
2021:
a) the specific provision(s) of the Collective Agreement that the Union
alleges has been violated by the Employer;
b) full particulars of the Union’s claim, including, but not limited to, the
manner in which it alleges the provision(s) of the Collective Agreement
has been violated, particulars as to which grievors have obtained their
Smart Serve certificate; the date such certificate was obtained, and the
date notice of same was provided to the Employer;
c) the remedy or remedies sought by the Union in respect of each
Grievance.
d) production of all documentary material that is arguably relevant to the
matters at issue in the Grievances, including but not limited to the
documentation upon which the Union intends to rely.
[3] The Employer has reserved the right to make further requests for particulars and/or
production. It has also reserved the right to raise any preliminary issues/objections
following receipt and review of the Union’s particulars.
[4] Should matters arise that would benefit from pre-hearing consideration, the parties
are advised to contact the Board and a case conference can be arranged.
Dated at Toronto, Ontario this 13th day of October, 2021.
“Marilyn A. Nairn”
_________________________
Marilyn A. Nairn, Arbitrator