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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. 2 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 3