HomeMy WebLinkAbout2019-1578.Kassm.23-12-06 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# 2019-1578
UNION# 2019-0164-0027
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Kassm) Union
- and -
The Crown in Right of Ontario
(Liquor Control Board of Ontario) Employer
BEFORE Diane L. Gee Arbitrator
FOR THE UNION Angela Zhu
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Misbah Anis
Crawford Chondon & Partners LLP
Associate
HEARING February 9 and September 8, 2022;
November 8, 2023
-2-
Decision
[1] This matter is a grievance filed by Ontario Public Sector Employees’ Union (the
“Union”) on behalf of Kathar Kassm (the “Grievor”) against the Liquor Control
Board of Ontario (the “LCBO”). The grievance relates to the unsuccessful
application of the Grievor for the position of permanent full-time Warehouse
Worker 3.
[2] On February 9, 2022, the parties participated in mediation which was
unsuccessful. Thereafter, the parties exchanged settlement offers. A written
settlement offer made by the LCBO on March 13, 2023 was accepted in writing
by the Union on the same date. Amongst other things, the offer made by the
LCBO, and accepted by the Union, provided the Grievor’s wage rate would be
increased to $30.98 an hour as of March 5, 2023. The evidence before me
establishes an agreement in principle was reached on March 13, 2023 (the
“Agreement”).
[3] After the Agreement was reached, the Grievor approached a representative of
the LCBO directly seeking a higher wage rate than provided for in the
Agreement. The LCBO representative agreed to increase the grievor’s wage
rate to $31.95 as of March 5, 2023. When the LCBO forwarded the Minutes of
Settlement setting out the terms of the Agreement, modified to reflect the higher
wage rate the LCBO representative had agreed to, the grievor refused to sign.
[4] The Employer seeks enforcement of the Agreement and states it intends to
honour the commitment made by the LCBO representative to increase the
Grievor’s wage rate above what was agreed to as part of the Agreement.
[5] The LCBO submits that a binding settlement was reached by way of the
Agreement and should be enforced. The Union does not dispute the facts as
stated by the Employer and set out above but argues the Employer should be
held to the subsequent commitment made to increase the Grievor’s wage rate
above that provided for in the Agreement.
[6] Having regard to the foregoing I find a binding agreement was reached between
the parties and is enforceable. I hereby direct the implementation of the terms of
the Agreement with the modification that the Employer is bound by the
subsequent commitment it made to a further wage increase.
[7] I remain seized to deal with any issues arising out of this Award.
Dated at Toronto, Ontario this 6th day of December 2023.
“Diane L. Gee”
Diane L. Gee, Arbitrator