HomeMy WebLinkAbout2021-2114.Myke et al.23-12-04 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# 2021-2114
UNION# 2021-0165-0007
See Appendix A
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Myke et al) Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario) Employer
BEFORE Diane Gee 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 June 21, 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 four individual grievances arising out of a job posting for the
position of Product Consultant posted in the summer of 2021 (“the 2021 Product
Consultant Job Posting”). None of the grievors applied.
[3] The job posting was for a single position. Two people, referred to herein as
Jonathan and Michelle, were awarded the position.
[4] The grievors challenge the job posting and awarding of the job to Michelle. The
grievors alleged inter alia that Michelle should not have been screened in as she
did not meet the minimum qualifications for the job having regard to her years of
service and casual status.
[5] The Employer does not 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. The
Employer further does not resist the imposition of the remedy that is usually
awarded by the GSB when a determination is made that the process undertaken
in connection with a job competition violated the terms of the collective agreement,
namely the rerunning of the job competition.
[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 22.4 (a)(i) of the Collective Agreement. Having regard to the
grievors’ stated desire that I not order the Employer to rerun the job competition, I
do not make such an Order.
[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 4th day of December, 2023.
“Diane Gee”
Diane Gee, Arbitrator
-3 -
Appendix A
GSB File Number Grievor Union Grievance Number
2021-2114 Myke, Kelly 2021-0165-0007
2021-2115 Hutchison, Kathleen 2021-0165-0008
2021-2116 Edwards, Miranda 2021-0165-0010
2021-2307 Rodgers, Debbie 2021-0165-0009