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HomeMy WebLinkAbout1986-0017.Langridge et al.87-10-29Between: Before: GRIEVANCE SETTLEMENT BOARD File Numbers 0017/86, 0018/86, 0019/86, 0020/86, 0021/86 0022/86, 0024/86, 0025/86, 0026/86, 0028/86 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD Gr i evo r s -'and - The Crown in Right of Ontario (Liquor Control Board of Ontario) Employer Hearing: OLBEU (R. Langridge et al) For the Grievor: For the Employer: R.L. Verity M. Gandall I.J. Cowan M. Levinson Counse L Koskie & Minsky Barristers & Solicitors Vice Chairman Member Memb e r P. Jarvis Counse Hicks Morley Hamilton Stewart Storie Barristers & Solicitors October 7, 1987 -2- INTERIH DECISION In identical grievances, Ronald Langridge and nine other Grievors alleged an Employer violation of Articles 6.2, and 3.1 "and all pertaining clauses" of the Collective Agreement in its current method of payment for hours worked. At the hearing, Counsel for the Employer requested an adjournment on the grounds that he was advised for the first time on the previous evening that the Grievor's would claim entitlement to overtime under Article 6.5 and 6.7. Counsel advised the Board that the Employer had been taken by surprise by this claim as the grievances filed made no reference to any violation of Article 6.5 and 6.7. Mr. Jarvis referred the Board to the provisions of the Grievance Procedure outlined in Article 27. In particular, Article 27.4 reads, in part, as follows: "The grievance shall specify the clause or clauses in this Agreement alleged to have been violated." Mr. Levinson opposed the adjournment on the basis that the Employer knew, or ought to have known, at least during mediation sessions, that overtime was an issue. He contended that a further delay in the proceedings would be unreasonable. . -3- For reasons given orally at the hearing, the Board granted the adjournment and fixed hearing dates for November and 12, 1987. Under Article 27.4 of the Collective Agreement, the Employer is entitled to notice of the Articles which are alleged to have been violated. The grievances contain no reference to any alleged violation of Articles 6.5 and 6.7. The Board accepts Mr. Jarvis' explanation that the Employer, was taken by surprise. there would be no monetary prejudice to the Union in granting the adjournment on the understanding that the Hearing would proceed in an expeditious fashion. In the circumstances, the Board is persuaded that the Employer should be given sufficient time to prepare its reply to the overtime claim. In our opinion, DATED at Brantford, Ontario, this29th day of October, 1987. "M. Gandall - Dissent" M. - MEMBER I. J'. MEMBER