Ontario Liquor Boards Employees’ Union (Brennan) v. The Crown in Right of Ontario (Liquor Control Board of Ontario), 2002 CanLII 45773

GSB# 1115/01

UNION# OLB438/01

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Liquor Boards Employees’ Union

(Brennan)

Grievor

and -

The Crown in Right of Ontario

(Liquor Control Board of Ontario)

Employer

BEFORE Richard Brown Vice-Chairperson

FOR THE GRIEVOR Glen Chochla Counsel Caroline Engelman Gottheil Barristers and Solicitors

FOR THE EMPLOYER Alison Renton Counsel Legal Services Branch Management Board Secretariat

HEARING April 15, 22 and 30, 2002.

DECISION

Aaron Brennan grieved a three-day suspension for alleged misconduct as a casual employee at the Ottawa warehouse on May 29, 2001. His grievance was heard on April 15, 22 and 30, 2002.

On May 6, having almost finished writing a lengthy decision, I was directed by the parties to issue a “bottom-line” award determining only whether a suspension was warranted--either the three-day suspension imposed by the employer or one of some lesser duration. I was specifically instructed not to provide any written reasons for my decision.

I conclude that the employer has not discharged the burden of proving a suspension of any length was warranted. In the unique circumstances of this case, I need not decide whether a written warning would have been appropriate. The employer is directed to rescind the suspension and to compensate the grievor accordingly.

Dated at Toronto, this 8^th day of May, 2002.