HomeMy WebLinkAbout2021-0784.Lapointe.2022-09-22 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# 2021-0784; 2021-0785
UNION# 2021-0499-0026; 2021-0499-0027
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Lapointe) 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 Laura Chartrand
Liquor Control Board of Ontario
Senior Manager HR
HEARING September 20, 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 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 September 20, 2022 the parties at the Ottawa 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 received a letter of counsel in December, 2020 and a
letter of reprimand in April, 2021 for lack of productivity. The letter of counsel is not
disciplinary in nature and is not grievable. The letter of reprimand would normally
remain on his file for three years from the date of issue.
[4] After carefully considering this matter I have concluded that an appropriate remedy
is to remove the letter of reprimand from the grievor’s file on April 1, 2023 and I
direct the employer to do so. In addition, the grievor shall be permitted to apply for
and potentially be successful for competitions provided that he does not receive
any discipline between today’s date and April 1, 2023.
[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 22nd day of September, 2022
“Janice Johnston”
Janice Johnston, Arbitrator