HomeMy WebLinkAbout2009-3419.Ferrier.11-06-02 DecisionCommission de
Crown Employees
Grievance
UqJOHPHQWGHVJULHIV
Settlement Board
GHVHPSOR\pVGHOD
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#2009-3419
UNION#2010-5109-0002
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Ferrier)
Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario)
Employer
BEFOREVice-Chair
Reva Devins
FOR THE UNION
Val Patrick
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER
Nick Virdo
Liquor Control Board of Ontario
HR Consultant
HEARING
May 31, 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 was suspended for three days for unsafe operation of a forklift, failing to report
an accident, damaging LCBO property and lying about the incident. The Grievor denies
that he was driving in an unsafe manner but acknowledges that he damaged LCBO
property, that he failed to immediately report the incident and that he initially denied
responsibility; the grievance alleges that the suspension is unwarranted.
[3]Having heard the submissions of the parties I find that the discipline was appropriate.
While I accept that the property damage was as a result of an accident, the Grievor admitted
to the more serious allegation of failing to report the accident and subsequently denying
responsibility for his actions. I am not satisfied that he fully appreciates the seriousness of
his misconduct. I see no basis to interfere with the discipline imposed by management and
I would dismiss the grievance.
nd
Dated at Toronto this 2 day of June 2011.
Reva Devins, Vice-Chair