HomeMy WebLinkAbout2021-0430.Pavlakovic.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# 2021-0430; 2021-0431
UNION# 2021-0499-0018; 2021-0499-0019
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Pavlakovic) 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
grievances that are the subject of this decision were two of the grievances that the
parties agreed to deal with.
[3] The Grievor in this case has two grievances. The first claims that the Employer
should have offered him overtime in March, 2020 and the second pertains to a
three day suspension which he received on May 11, 2020. The grievances were
filed on March 26, 2021. The employer has denied them on the basis that they are
very untimely. I agree. The time frames set out in the collective agreement are
couched in term of days. Between five and twenty days are set out for the taking of
various steps. Article 28.12 provides that if a grievance is not processed by the
employee or union within the time prescribed it shall be deemed to have been
withdrawn. I am bound by the language agreed upon by the parties and cannot re-
write it.
[4] The grievances are therefore hereby terminated.
Dated at Toronto, Ontario this 2nd day of December 2021.
“Janice Johnston”
______________________
Janice Johnston, Arbitrator