HomeMy WebLinkAbout2006-2318.Collins et al.11-06-30 DecisionCommission de
Crown 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#2006-2318
UNION#2006-0164-0116
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Collins et al)
Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario)
Employer
BEFOREMarilyn A. Nairn Vice-Chair
FOR THE UNIONJean Chaykowsky
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYERDeborah Grove
Liquor Control Board of Ontario
HR Manager
Vic Araujo
Liquor Control Board of Ontario
Director (A)
HEARING
June 29, 2011.
- 2 -
Decision
[1]The parties convened a med/arb session at the emSOR\HU¶V/RQGRQZDUHKRXVHRQ-XQH
The parties agreed to attempt to mediate a number of outstanding grievances with the assistance
of the Vice-Chair. They were also agreed that, failing settlement, I had the jurisdiction to issue a
decision in any matter based on the information and material presented and exchanged between
the parties in the course of the mediation. They were further agreed that any decision rendered
need only provide brief reasons.
[2]This grievance asserts that the clerks working in the warehouse area (as opposed to the office
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need to post to the higher grade. Each grade represents a different classification, reflected by a
different class code and class title in the collective agreement. This claim is asserted solely on the
basis that employees classified as a warehouse worker grade 3, move to the classification of
warehouse worker 4 without the need to post. All other movement between grades/classifications
within in the collective agreement requires the employee to post to the position. The parties have
agreed that the work being performed by employees in these warehouse worker classifications is
essentially the same and that, as a result, those employees would not be required to post to the
level 4. There is no such agreement with respect to the clerks, as those grade levels reflect
different duties and skills. Article 21.1 of the collective agreement provides, inter alia, that
employees will progress through the steps of the salary range within their classification. Those
increases occur. However, in order to advance to a higher grade/classification, the collective
agreement requires employees to post to that higher grade level.
[3]Having regard to all of the above, this grievance is hereby dismissed.
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Dated at Toronto this 30 day of June 2011.
Marilyn A. Nairn, Vice-Chair