GSB#0552/01
UNION# OLB256/01
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Liquor Board Employees’ Union
(Policy Grievance)
Grievor
-and-
The Crown in Right of Ontario
(Liquor Control Board of Ontario)
Employer
BEFORE: Jules Bloch, Vice-Chair
FOR THE GRIEVOR: Larry Steinberg, Counsel, Koskie Minsky, Barristers & Solicitors
FOR THE EMPLOYER: Myfanwy Marshall, Counsel, Legal Services, Liquor Control Board of Ontario
HEARING: September 17, 2001.
DECISION
1The Parties, at the beginning of the hearing requested that I stand down so that they could discuss this matter. The parties entered into a memorandum of settlement which clothed me with jurisdiction to deal with all grievances relating to the “net payment, after deductions issues” which emanates from the year 2000 negotiations.
2On the basis of the memorandum of settlement dated September 17, 2001, I find that I have jurisdiction to deal with all matters arising out of the “net payment, after deductions issues” raised in the year 2000 negotiations.
3The LCBO raised a timeliness argument. The LCBO asserts that the collective agreement creates a time limit of ten days from when an employee first becomes aware of the circumstances giving rise to the complaint or difference and therefore, asserts the LCBO, the grievances are untimely.
4Having reviewed the evidence and the submissions tendered by the parties and in particular the evidence relating to the Spring 2001 issue of the Echo, I find that all grievances filed on or before June 30, 2001 are timely and will proceed before me. In respect of all grievances, relating to this issue, which have been filed after June 30, 2001, those grievances are untimely and are therefore dismissed.
5The GSB is directed to consult with the parties in setting dates in this matter.
6I am seized of any matters relating to the grievances referred herein.
Dated at Toronto, this 19th Day of September 2001.