HomeMy WebLinkAbout2004-0764.Hollyman et al.05-05-03 Decision
Crown Employees Commission de ~~
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
~-,...
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GSB# 2004-0764
UNION# OLB209/04
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano LIqUor Boards Employees' Umon
(Holly man et al ) Union
- and -
The Crown In RIght of Ontano
(LIqUor Control Board of Ontano) Employer
BEFORE Gerry Lee Vice-Chair
FOR THE UNION Dave Loney
Gnevance Officer
Ontano LIqUor Boards Employees' Umon
FOR THE EMPLOYER Pat HoulIhan
Consultant
LIqUor Control Board of Ontano
HEARING February 23 & 24 2005
2
DeCISIon
The partIes referred the above captIOned gnevance to medIatIOn/arbItratIOn In accordance wIth
ArtIcle 22 11 and AppendIx 2 of the CollectIve Agreement. The gnevors In thIS matter allege
that the employer vIOlated artIcle 6 of the collectIve agreement by not askIng them to work
overtIme on Apnl 22, 2004
The employer's posItIOn In thIS matter IS that the overtIme assIgnment on the aforementIOned
date was offered to day shIft employees and not to the gnevors as the work In questIOn was a
contInUatIOn of the day shIft.
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
HavIng carefully revIewed the submIssIOns of the partIes, I have concluded that there IS no
vIOlatIOn of the collectIve agreement. AccordIngly the gnevance IS dIsmIssed.
Dated at Toronto thIS 3rd Day of May 2005