HomeMy WebLinkAbout2019-1216.Steele.22-05-19 Decision
Crown 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# 2019-1216
UNION# 2019-0164-0008
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Steele) Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario) Employer
BEFORE Janice Johnston Arbitrator
FOR THE UNION Anjana Kashyap
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Michelle Korpan
Liquor Control Board of Ontario
Senior Manager HR
HEARING DATE May 16, 2022
- 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 within
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 May 16, 2022 the parties at the London 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 was not wearing safety shoes while at work. This is a
violation of the Health and Safety Policy. He was told to go home and get the
shoes. As he lived thirty minutes away from the workplace and there was only two
and a half hours left in his shift he declined to return home and come back to work.
He is looking to be paid for the two and a half hours he lost. The Grievor could
have been disciplined for the violation of the Health and Safety Policy but was not.
[4] After carefully considering the evidence and submissions of the parties I have
concluded that the employer did not violate the collective agreement and took
reasonable action in the circumstances. The grievance is therefore dismissed.
- 3 -
[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 19th day of May 2022.
“Janice Johnston”
_____________________
Janice Johnston, Arbitrator