HomeMy WebLinkAbout2021-0429.Holburn.21-12-02 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# 2021-0429
UNION# 2021-0499-0017
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Holburn) 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 Laura Chartrand
Liquor Control Board of Ontario
Senior Manager HR
HEARING November 29, 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 November 29, 2021 the parties at the Ottawa Retail Service Centre
participated 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 Employer in January, 2021 notified all of its employees that pursuant to the
provincial lockdown and the prohibition against interprovincial travel, that any
employee who chose to leave the province would be required to quarantine for
fourteen days upon their return. During this fourteen day period of quarantine
employees were told that they would not be able to access sick pay or vacation
and that it would be an unpaid leave. On the family day long weekend the grievor
left the province and went to Quebec on a preplanned ski vacation. He was
required to quarantine upon his return and grieved the fact that it was unpaid. He
is seeking lost wages, two weeks vacation, a $5000.00 donation by the Employer
to a charity of his choice, twenty-nine hours of overtime, the removal of an
attendance management letter from his file, an apology and damages.
[4] During the mediation the Employer offered to pay the Grievor five days sick pay,
five days vacation and to remove the attendance management letter from his file.
After carefully considering the evidence and submissions of the parties I have
concluded that this is a more than fair and reasonable offer and I direct the
Employer to pay to the Grievor five days sick pay and five days vacation pay at
the rate of pay in effect as of February, 2021, minus any applicable deductions.
[5] The grievance is hereby terminated.
-3-
[6] 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 December 2021.
“Janice Johnston”
______________________
Janice Johnston, Arbitrator