HomeMy WebLinkAbout2021-2636.Thibodeau.23-11-24 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# 2021-2636
UNION# 2021-0286-0006
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Thibodeau) Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario) Employer
BEFORE Dale Hewat Arbitrator
FOR THE UNION Arielle Lewis
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Mackenzie Anderson
Liquor Control Board of Ontario
Counsel
HEARING November 15, 2023
-2 -
Decision
[1] Having heard the representations of the parties, and having accepted their
request that this decision shall be without precedent and without prejudice to any
future grievances arising under the Collective Agreement between the parties, I
hereby determine this matter as follows.
[2] This matter concerns an individual grievance arising out of a job posting for the
position of Product Consultant posted in the summer of 2021 (“the 2021 Product
Consultant Job Posting”).
[3] The job posting was for a single position. Two people, referred to herein as
Jonathan and Michelle, were awarded the position.
[4] The grievor challenges the job posting and awarding of the job to Michelle.
[5] The Employer does not contest that the grievor was improperly screened out of
the competition, nor does it contest the allegation that the process undertaken in
connection with the posting and awarding of the Product Consultant position in
2021 was not in compliance with the terms of the collective agreement.
[6] Having regard to the foregoing, I hereby find and declare the way in which the
Employer posted and filled the position of Product Consultant in 2021 to have
violated Article 22.5 (a) of the Collective Agreement.
[7] The Employer is hereby reminded of its responsibilities and obligations under the
Collective Agreement with respect to the job competition process and the
expectation that it will abide by same.
Dated at Toronto, Ontario this 24th day of November, 2023.
“Dale Hewat”
Dale Hewat, Arbitrator