HomeMy WebLinkAbout2023-00060.Scott.23-10-13 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# 2023-00060
UNION# 2023-0379-0002
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Scott) Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario) Employer
BEFORE Reva Devins Arbitrator
FOR THE UNION Anjana Kashyap
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Laura Chartrand, HR Manager
Mark Mason
Kevin Charlebois
Liquor Control Board of Ontario
HEARING October 11, 2023
-2 -
Decision
[1] This matter proceeded as a mediation/arbitration, pursuant to s. 22.16 of the
Collective Agreement. The Grievor alleged that he was improperly disciplined
when the Employer imposed a one-day suspension for intimidating and
disrespectful conduct towards a co-worker.
[2] The Grievor recognised that some of his language may have been ill considered
during the incident at issue and that he could do better in future interactions.
Nonetheless, he did not feel that a suspension was warranted considering the
ongoing interpersonal issues he was having at the store, the failure of
management to assist with the resolution of those issues or provide coaching on
how to better deal with his colleagues.
[3] The Grievor acknowledged that he had received previous discipline for
interpersonal conflicts. He was issued a written reprimand with respect to an
incident involving the same employee, but that letter was later reduced to a letter
of counsel. Accordingly, he maintained that a letter of reprimand would have been
a more appropriate response in this instance. He did not dispute that he had also
been disciplined for similar conduct on two prior occasions that did not involve this
employee, receiving another letter of reprimand and a one-day suspension.
[4] The Employer maintained that it investigated the incident and concluded that the
Grievor raised his voice, was brusque, disrespectful, and aggressive when dealing
with a co-worker in the store. It relied on his history of prior discipline to impose a
one-day suspension in the hope that his behaviour would change. It recognised
-3 -
the ongoing dispute between these employees. That is why it did not impose a
three-day suspension, which would otherwise be justified as progressive discipline.
[5] I have considered the evidence and submissions of the parties and determined
that the imposition of a one-day suspension was reasonable in all the
circumstances and that there is no basis to exercise my discretion to substitute a
lesser penalty. The grievance is therefore dismissed.
Dated at Toronto, Ontario this 13th day of October 2023.
“Reva Devins”
Reva Devins, Arbitrator