HomeMy WebLinkAbout1985-0986.Kelly.88-08-09Between:
~0586/85
IN THX MA!PlXR OF AN ARBITRATION
Under
THE CROWNEMPU)YEZS COLLEClTVE BARtiNINGACT
Before
THEGRIEVANCE SETTLEMENT BOARD
OLBEU (C. Kelly)
-and-
The Crown in the Right of Ontario (Liquor Control Board of Ontario)
*Before: P. Dr,aper
S. R. Hennessey
A. G. Stapleton
For the Griever: M. Zigler
Counsel
Koskie and Minsky
Barristers and Solicitors
For the EmDlover: B. Brown
Counsel
-Hicks, Morley, Hamilton, Stewart, Storie
,.._ -.
Grievor
Employer
Vice-Chairman
Member
Me-per -
Eearins: July 12, 1988
Supplemental Decision
In its decision of February 24, 1988, the Board
found that demotion of the Grievor from 'A' store assistant
manager to store clerk grade 4 on October 21, 1985, was an
excessive disciplinary penalty, substituted demotion to 'B'
store assistant manager and ordered that he be reimbursed for
the~loss of salary from the.,date of demotion "to the date of
his actual appointment to a position in the new
classification." The Board reserved jurisdiction "in order to
resolve issues related to the implementation of this decision
should any arise."
2:.,-r
In a letter dated April 6, 1988, the Employer
requested that the Board reconvene in order to resolve a z.
difference between the parties concerning the implementation of
the decision arising out of a demotion of the Grievor from
store clerk grade 4 to store. clerk grade 3 on a date (not made
known to us) in March 1987~. The grievance resulting from that
demotion has been referred to the Board for arbitration but has
not been heard:
The Employer has reimbursed the Grievor for loss of
salary between October 21, 1985, and the date of the 1987
demotion but has not otherwise complied with the Board's
decision.
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We find that neither the 1987 demotion nor the
pending arbitration constitutes grounds for variation or
suspension of the Board's decision of February 24, 1988. The
Employer shall complete its compliance with that decision by
appointing the Grievor to the position of 'B' store assistant
manager within thirty days of the date.~ hereof and by
reimbursing him for loss of salary from the date of the 1987
demotion to the date of that appointment .
Dated at Consecon, Ontario this 9th
day of aunU;c. 1988.
P. Draper, Vice Chair&an
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