HomeMy WebLinkAbout2003-0659.MacVicar.04-05-18 Decision
Crown Employees Commission de ~~
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
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Suite 600 Bureau 600 Ontario
180 Dundas Sl. West 180 rue Dundas Ouest
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GSB# 2003-0659 2003-1722,2004-0306
UNION# OLB 165/03 OLB380/03 OLB235/04
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano LIqUor Boards Employees' Umon
(MacVicar) Grievor
- and -
The Crown In RIght of Ontano
(LIqUor Control Board of Ontano) Employer
BEFORE Damel HarrIs Vice-Chair
FOR THE UNION Kourosh Farrokhzad
Engelmann GottheIl
BarrIsters and SOlICItorS
FOR THE EMPLOYER AlIson Renton
Counsel
LIqUor Control Board of Ontano
HEARING May 14 2004
2
DeCISIon
There are three gnevances before the Board filed by Andrew MacVicar dated Apnl 16 July 18
2003 and Apnl 14 2004 respectIvely At theIr root, they each seek remedIes amountIng to
accommodatIOn pursuant to the Ontario Human Rights Code These matters came on for heanng
In Ottawa on May 14 2004
The PartIes made JOInt legal and factual submIssIOns relatIng to the gnevor's CIrcumstances and
the context wIthIn whIch the gnevances were filed. Based upon the umque CIrcumstances
presented by these matters, the Board orders as follows
1 The Gnevor IS to be placed In the permanent full-tIme posItIOn of Warehouse Worker 3
effectIve Apnl 26 2004
2 The Gnevor's full tIme semonty date IS Apnl 26 2004
3 The Employer IS not to schedule the Gnevor on the afternoon shIft for the remaInder of
the SIX month probatIOnary penod, deemed to have commenced Apnl 26 2004
4 The Gnevor IS permItted to sWItch any scheduled afternoon ShIftS wIth other workers for
two years folloWIng the date of thIS order as an accommodatIOn pursuant to the Ontano
Humall Rights Code and the collectIve agreement;
5 If the Gnevor expenences dIfficulty In effectIng the ShIft changes antIcIpated above, he IS
to dISCUSS such dIfficultIes wIth the manager of the facIlIty
6 The Issue of ShIft swappIng wIll be re-assessed after two years of the date of thIS order
7 The letter of counsel dated July 5 2003 IS ordered removed from the Gnevor's files
8 Vice-Chair Hams remaInS seIzed to deal wIth any Issues ansIng from the ImplementatIOn
of thIS order IncludIng, but not lImIted to paragraph 5 above
Dated at Toronto thIS 18th day of May 2004
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