HomeMy WebLinkAbout2010-2050.Cardillo.11-09-21 Decision
en.n EiJJpIo)II!es
Grievance Settlement
Board
smte mo
180 IJlndas 5t WesI
TCJRJrm. QBiD IofiG 1ZB
Tel (4-16) 326-1388
Fax (4-16) 326-1396
Commission de
riglement des griefs
des~dela
CoIfinJe
Ibeau mo
180. rue IJlndas Ouest
T CJRJrm (OnIario) M5G 1ZB
Tel: (4-16) 326-1388
T~ : (4-16) 326-1396
IN THE MATIER OF AN ARBITRATION
Under
~
Ontario
G8B#2010-205O
UNION# 2010-037&-0055
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
BETWEEN
BEFORE
FOR THE UNION
FOR THE
EMPLOYER
HEARING
Before
THE GRIEVANCE SETILEMENT BOARD
Ontario Public Service Fmployees Union
(Cardillo)
- and -
1he Crown in Right of Ontario
(Liquor Control Board of Ontario)
Geny Lee
Val Patrick
Ontario Public Service Fmployees Union
Grievance Officer
Neil Leniban
Liquor Control BmnI of Ontario
Counsel
July 29, 2011
Union
Elllployer
V"a:e-Chair
2
Decision
[1] The parties referred the above captioned grievance to mediationlarlritration
in accordance with Article 22_11 and Appendix 2 of the Collective
Agreement. This decision is with respect to the grievance of Mr_ Jason
Cardillo who is employed as full time Maintenance Service Person at the
LCBO's Whitby warehouse location_ The Union and the Grievor claim that
the Grievor should have been paid double time as opposed to time and one
half for wmk performed on Saturday July 30,2010, pursuant to article 6_6(a)
of the collective agreement as this was the Grievor's second consecutive day
of overtime_
[2] The Employer's position in this matter is that the Grievor wmked his regular
afternoon shift from 4pm to midnight on July 29,2010, and then agreed to
work an additional four hoUlS of overtime at the end of such shift finl~hlne
at 4am on July 30, 2010_ The Grievor then returned to the wmkplace and
worked his regular afternoon shift from 4pm to midnight on July 29,2010,
and was paid his nonnal straight time rate of pay_ The Grievor returned to
the wmkplace on Saturday July 30, 2010, and worked a 8am to 3:45pm
daytime overtime shift whereby he was paid at time and one half for such
hoUlS_ The Employer maintains that as the Grievor wmked his regular shift
in between the two periods of overtime, the Grievor did not wmk on two
consecutive shifts and, as such, is not entitled to double time_
The Employer relied upon: Ontario Liquor Board Employees ~ Union
(Robinson) and Liquor Control Board of Ontario~ GSB No1696193
(Dissanayake~ V"zee Chair) in support of their position.
3
[4] At the oub;et of the hearing, the parties agreed that I had jurisdiction to deal
with this matter_ Following extensive and well presented details of the facts
and circumstances surrounding this dispute by both parties' representatives,
I am of the view that it is not necessary to set out their positions in any
further detaiL Accordingly, I will render a succinct c1Jottom line decision"
disposing of this matter_
[5] Having carefully considered the submissions made by the parties during the
course of our mediation-arlritration session and after a review of all of the
documentary evidence presented, the grievance is hereby dismissed
Dated at Toronto this 21st Day of September 2011_
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