HomeMy WebLinkAbout2009-0157.Walton.11-05-16 Decision
Commission de
YCrown Employees
Grievance
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Settlement Board
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Couronne
Suite 600 Bureau 600
180 Dundas St. West 180, rue Dundas Ouest
Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 7pO
Fax (416) 326-1396 7pOpF
GSB#2009-0157
UNION#2009-0376-0002
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Walton)
Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario)
Employer
BEFOREReva Devins Vice-Chair
FOR THE UNION
Jean Chaykowsky
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER
Rick Redwood
Liquor Control Board of Ontario
District Manager
Camille Clements Pitchkur
Liquor Control Board of Ontario
HR Manager
HEARING
May 11, 2011
- 2 -
Decision
[1]The parties have agreed to an expedited mediation-arbitration process to effect timely
disposition of grievances. The parties specifically agreed that this matter was properly
referred for expedited mediation-arbitration and that, after a failed mediation effort, the
Vice-Chair should issue a written decision that is without prejudice or precedent.
[2]The Grievor is a full time CSR, working at a double shift location.She asked her manager
to be assigned strictly to the day shift. The Grievor did not provide a specific reason for her
request and it was denied; she grieves the denial. The Grievance alleges that the Employer
is in violation of Article 6.2, which provides that the workweek shall include Day,
Afternoon and Night Shifts at Retail Stores and Depots.
[3]The Employer submits that it accommodates employees as required, however, absent
accommodation needs, employees are assigned shifts on a rotational basis.
[4]Having heard the submissions of the parties, I find that the Employer has not violated any
provision of the Collective Agreement. Article 6.2 requires that certain shifts be
established but does not confer the right to be assigned to a particular shift.
[5]The grievance is dismissed.
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Dated at Toronto this 16 day of May 2011.
Reva Devins, Vice-Chair