HomeMy WebLinkAbout2021-2711.Williams.2022-12-09 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# 2021-2711
UNION# 2021-0378-0057
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Williams) Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario) Employer
BEFORE Brian Sheehan Arbitrator
FOR THE UNION Anjana Kashyap
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Beverly Jordan
Liquor Control Board of Ontario
Human Resources Advisor
HEARING November 28, 2022
-2-
Decision
[1] The Employer and the Union at the Liquor Control Board of Ontario, Durham Retail
Service Centre, agreed to participate in the Expedited Mediation/Arbitration
process in accordance with the negotiated Protocol. It is not necessary to
reproduce the entire Protocol. Suffice to say, that the parties have agreed to a
True Mediation/Arbitration process wherein each party provides the Arbitrator with
their submissions setting out the facts and the authorities they respectively will rely
upon. This decision is issued in accordance with Appendix 2 – Memorandum of
Agreement of the collective agreement, and it is without prejudice or precedent.
[2] Everton Williams (the “grievor”) is employed as a full-time Warehouse Worker at
the Durham Retail Service Centre.
[3] On October 25, 2021, the grievor was scheduled to work his usual 4 PM to 12 PM
shift.
[4] According to the Employer, the grievor called his supervisor at approximately 3:30
PM advising that he would not be coming into work as his son was not feeling well,
and that the grievor was going to take him to have a COVID-19 test.
[5] At that time, the grievor had no “E-Time” or sick credits remaining. Accordingly,
the Employer did not pay him for his absence from work that day.
[6] The grievor’s version of the events was slightly different. According to the grievor,
while his son did have a fever early on October 25, 2021, his wife had taken him to
be tested for COVID, and the test result was negative. The grievor claims that
notwithstanding his son testing negative, the Employer would not allow him to work
on account of their COVID-19 Screening protocol.
[7] In terms of the two competing narratives, on a balance of probabilities test, based
on the relevant information, including the contemporaneous emails of the relevant
supervisor, the Employer’s version of the events is preferred. Accordingly, since
the grievor was absent from work on October 25, 2021, and with no “E-time” or
-3-
sick credits in his “bank", the decision by the Employer not to pay him for the day
in question did not constitute a violation of the collective agreement.
[8] In light of the above, the grievance is, hereby, dismissed.
Dated at Toronto, Ontario this 9th day of December, 2022.
“Brian Sheehan”
Brian Sheehan, Arbitrator