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HomeMy WebLinkAbout1979-0266.Classification.83-07-03IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD Between: OLBEU (Classification Grievance) Grievor - And - The Crown in Right of Ontario (Liquor Control Board of Ontario) Employer Before: J.W. Samuels P. Craven D.B. Middleton Vice Chairman Member Member For the Grievor: P. Cavalluzzo, Counsel Cavalluzzo, Hayes & Lennon For the Employer: R.J. Drmaj, Counsel Hicks Morley Hamilton Stewart & Storie Hearing: June 2, 1983~ I T -2- In September 1979, pursuant to an agreement between the Liquor Control board and Brewers' Warehousing Company (which represents the brewers in Ontario), the Board began selling beer in“its 'I conventional*' stores. .Up,-to this time, there were two kinds of liquor stores:~ "combination" stores which sold liquor and beer (both domestic and imported, in all case sizes), and _ "conventional". stores which sold liquor and imported beer. The new agreement was intended to.cut into the sales of imported beer in the conventional stores, and offer consumers another source of,Cntario beer. In each liquor store, there would be only five kinds of domestic beer, one from each brewery, and the parti- cular brands would be chosen by the brewers for placement in the liquor store. 'All of this beer would be in six-packs. This move prompted over 85,O grievances from Clerks and Store Managers in the bargaining unit in the liquor stores, each claiming'that he or she should be "immediately reclassified upward, with a subsequent salary increase, in light of the.extra duties I must now perform". Our case is a group'grievance, and the Union has asked this Board to issue a declaration setting out the guide- lines governing the,classification of these ,employees. The evidence at our.hearing disclosed the following:. a. In general, the domestic.beer sales are a very small part of the gross sales in a liquor store. Weekly figures from documentary and viva vote evidence show that in some stores the beer Sales represent much less than 1% of gross sales, and at the most, beer sales represent no more than 4% of gross sales. -3- b. The ,beer would come to the liquor stores in trucks from Brewers' Warehousing, or in some cases, on carts wheeled across a joint parking lot, shared by a Brewers' Retail outlet and a liquor store. Orders would be placed to Brewers' Warehousing, .and there : was some additional bookwork necessary to keep separate track of domestic beer sales and inventory. In short, with respect to domestic beer, the grievor,s now dealt with Brewers' Warehousing in much the same fashion as they were accustomed to-do with the LCBO warehouses with respect to all the other products' carried in the store. ,~ The Classification Guide for the positions held by the grievors sets out the duties of these employees in a general way, without reference to the particular suppliers they will have to deal with, or the products they will handle. The Union argued that the introduction of domestic beer in September 1979 turned the LCBO stores into franchises of Brewers' Warehousing. This entailed new responsibilities for the grievors in dealing with a new product. This was likened to asking the employees to become male strippers, while retaining their classi- fications as Clerks and Store Managers. It was suggested that the classification sy'stem in place did not. encompass a classification covering the new responsibilities, hence the Grievance Settlement Board was asked to give the parties guidance in fashioning a new classification. Reference was made to Articles 1.3 and 3.4, which provide: 1.3 In the event the Boards introduce a new classification during the life of the Agreement , .they shall immediately notify the Union of such classification and the proposed rate. If there is disagreement as to the rate the Boards and the Union shall meet to discuss a rate for the classi- fication and, failing settlement, the Union may process a grievance, commencing under Article 21.5. If any question arises as to whether a person is an employee and covered by the Collective Agreement, the <Boards. and the Union shall meet to discuss the issue and failing settlement, the,matter may'be dealt with under Section 40 of the Crown Employees Collective Bargaining Act. 3.4 Tn the event the,duties and responsibilities of an employee are significantly changed the employee will have the right to grieve improper classification. This appears to be the first time that such a request has been made to this Board. Normally, a grievor suggests that he or she should be classified in some existing classification other than the one now occupied. There is some question as to whether or not this Board has the power to do what the Union requests. i: ‘* -5- However, in this case, there is no need to consider this issue. From the evidence at~our hearing, we are satisfied that there has been no significant change in the tasks performed by the grievors as a result of the introduction of domestic beer in September 1979. Beer sales form an insignificant part of the gross sales in liquor stores. If sales are a measure of work involved, then the work involved in domestic beer sales is an insignificant part of the overall duties performed by the grievors. And those tasks associated with the sale of domestic beer are largely identical to the work involved in dealing with other products, and fall within the usual d~uties covered by the existing classifications. 'The fact that domestic beer is supplied from Brewers' Warehousing, while the other products come from the LCBO warehouses, does not appear to be a significant factor in the tasks involved. In conclusion, the grievance is denied. Done at London, Ontario, this 8th day of July, 1983. ?iiL.4- P. Craven, Member w 2,-/d< D.B. Middleton, Member 5:2000 5:2400 5:2410 c- i. - . .c - 0 - 1. Grievance Letter 2. Circular No. SO-1767 3.. Classification Guide Clerk Grades 2 to 4 4. Sales Reports 5.. Circular, V?rch 12, 1947 6. Idem, June 23, 1948 I. Idem, June 22, 1948 8. Idey, March 21, i949 LIST OF EXHIBITS