HomeMy WebLinkAbout2021-2641.Elawar.23-11-14 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# 2021-2641; 2022-10248; 2022-12102; 2023-00059
UNION# 2021-0378-0059; 2022-0378-0131;
2023-0378-0009; 2023-0378-0016;
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Elawar) 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 Laura Chartrand, HR Manager
Mark Mason
Kevin Charlebois
Liquor Control Board of Ontario
HEARING November 6, 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 or cases 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 November 6, 2023 the parties at the Durham 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
grievances that are the subject of this decision were four of the grievances that the
parties agreed to deal with.
[3] Grievance 2021-0378-0059 deals with a job posting. Grievances 2022-0378-0131
and 2023-0378-0009 involve a claim for reimbursement of sick time and Grievance
2023-0378-0016 deals with a one day disciplinary suspension. After carefully
considering the submissions of the parties I hereby declare and direct as follows:
1.The one day suspension is reduced to a written reprimand and the
Grievor is to be paid one days pay;
2. The Employer shall reimburse the Grievor for eight sick days;
3. The grievance regarding the job posting is dismissed.
Dated at Toronto, Ontario this 14th day of November 2023.
“Janice Johnston”
Janice Johnston, Arbitrator