HomeMy WebLinkAbout2021-1857.Ashik.21-12-09 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# 2021-1857; 2021-2067; 2021-2068
UNION# 2021-0377-0044; 2021-0377–0041; 2021-377-0047
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Ashik) 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 December 3, 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 December 3, 2021 the parties 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 Grievor in this case received a letter of counsel and a written reprimand as a
result of workplace incidents. The grievor has also requested to be transferred to
a different store. At the mediation the Employer offered to reduce the sunset
clause on the written warning and offered that the Letter of Counsel and the Letter
of Reprimand dated November 4, 2021 would be removed from the grievor’s file
effective November 5, 2022 so long as no further disciplinary action occurred. The
Employer also offered to transfer the Grievor to a store closer to her residence
should a vacancy occur in the next 3 years.
[4] I am of the view that this offer is fair and reasonable. Therefore, the Employer is
directed to remove the Letter of Counsel and the Letter of Reprimand dated
November 4, 2021 from the grievor’s file effective November 5, 2022 so long as no
further disciplinary action occurs prior to that date. In addition, the Employer is
-3-
directed to offer to transfer the Grievor to a store closer to her residence should a
vacancy occur in the next 3 years.
[4] The grievances are therefore hereby terminated.
Dated at Toronto, Ontario this 9th day of December, 2021.
“Janice Johnston”
_________________________
Janice Johnston, Arbitrator