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HomeMy WebLinkAbout2021-3450.Beneteau.24-06-26 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# 2021-3450 UNION# 2022-0163-0001 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Beneteau) 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 Nathan Knott Liquor Control Board of Ontario HR Manager HEARING June 24, 2024 -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 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 June 24, 2024 the parties at the Western Region Retail Division 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 grievance that is the subject of this decision was one of the grievances that the parties agreed to deal with. [3] The Grievor in this case filed a grievance claiming that the Employer violated her rights pursuant to Bill 168, Article 1.1 (c) and Article 33.1 of the collective agreement. After carefully reviewing all of the facts and the submissions of the parties I have determined that it is appropriate to direct the Employer to pay to the Grievor the sum of $600.00 minus the applicable statutory deductions. [4] The grievance is therefore upheld in part. Dated at Toronto, Ontario this 26th day of June 2024. “Janice Johnston” Janice Johnston, Arbitrator