HomeMy WebLinkAbout2021-0453.Coates.2023-03-03 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# 2021-0453
UNION# 2021-0164-0038
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Coates) 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 Nathan Knott
Liquor Control Board of Ontario
HR Manager
HEARING February 23, 2023
-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 February 23, 2023 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 is claiming that the Employer has violated the Collective
Agreement by failing to offer her overtime between October 5, 2020 and March 18,
2021. No specific dates are named in the grievance during this period when the
Grievor was allegedly available to work overtime but not offered it. The Employer
reviewed the overtime records for the relevant period and offered to pay the Grievor
$1882.52 minus deductions. After carefully considering the evidence and
submissions of the parties I have concluded that this is a fair payment and the
Employer is directed to pay the Grievor that amount within thirty days of the date of
this decision.
Dated at Toronto, Ontario this 3rd day of March, 2023.
“Janice Johnston”
Janice Johnston, Arbitrator