HomeMy WebLinkAbout2004-0358.Sutherland et al.04-07-06 Decision
Crown Employees Commission de ~~
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
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GSB# 2004-0358
UNION# OLB399/01
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano LIqUor Boards Employees' Umon
(Sutherland et al) Grievor
- and -
The Crown In RIght of Ontano
(LIqUor Control Board of Ontano) Employer
BEFORE Gerry Lee Vice-Chair
FOR THE UNION Steve Saysell
Gnevance Officer
Ontano LIqUor Boards Employees' Umon
FOR THE EMPLOYER Pat HoulIhan
Consultant
LIqUor Control Board of Ontano
HEARING May 17 2004
2
DeCISIon
The partIes referred the above captIOned group gnevance to mediatIOn/arbItratIOn In accordance
wIth ArtIcle 22 11 and AppendIx 2 of the CollectIve Agreement. The gnevors are employed as
StatIOnary EngIneers wIth the LCBO and filed a gnevance on September 10 2001 allegIng that
the employer vIOlated artIcles 49.2 and 376 of the collectIve agreement WIth respect to theIr rate
of pay
At the outset of the heanng, the partIes agreed that I had JunsdIctIOn to deal wIth thIS matter and
they requested that I Issue a "wIthout precedent" decIsIOn wIth no reasons
The partIes entered Into a Letter of Agreement dated August 13 2003 In order to deal wIth the
Issues raised In the gnevance Paragraph 7 of thIS agreement states
The Union as the employees agent and on its own behalf accepts this agreement as
constituting a complete and final agreement of all matters raised on this issue
There was no eVIdence presented by the umon claimIng that the employer had faIled to fully
comply the terms specIfied In the Letter of Agreement. The Letter of Agreement In thIS case IS
crystal clear It was sIgned by both partIes and was explIcItly Intended to be a complete and final
agreement of the matters In dIspute AccordIngly havIng carefully consIdered the eVIdence and
submIssIOns of the partIes, the gnevance IS dIsmIssed.
Dated at Toronto thIS 6th day of July 2004
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