HomeMy WebLinkAbout2018-3414.Meneses.2022-10-14 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# 2018-3414; 2018-3608
UNION# 2018-0164-0055; 2018-0164-0063
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Meneses) 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 Jeannine Mather
Liquor Control Board of Ontario
Labour Relations Specialist
HEARING October 13, 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 October 13, 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 filed two grievances claiming that the company failed to
offer him overtime on a number of dates between November 21, 2018 and
December 17, 2018. At the time that this overtime was being worked the Grievor
had recently returned to work and had medical restrictions which the employer was
accommodating. After carefully reviewing all of the facts I am satisfied that the
grievor could in fact have worked some of the overtime which was worked by others
and I direct the employer to pay him sixteen (16) hours at straight time, at the
applicable rate at the time, minus deductions.
[4] The grievance is therefore upheld in part.
Dated at Toronto, Ontario this 14th day of October, 2022.
“Janice Johnston”
Janice Johnston, Arbitrator