GSB#2002-1173, 2002-2764, 2002-2765

UNION# OLB247/02, OLB085/02, OLB326/02

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Liquor Control Boards Employees’ Union (Deeley)

Grievor

• and -

The Crown in Right of Ontario (Liquor Control Board of Ontario)

Employer

BEFORE

Gerry Lee

Vice-Chair

FOR THE UNION

Steve Saysell Grievance Officer Ontario Liquor Boards Employees’ Union

FOR THE EMPLOYER

Pat Houlihan Consultant Liquor Control Board of Ontario

HEARING

August 25-28, 2003.

DECISION

The parties referred the above captioned grievances to mediation/arbitration in accordance with Article 22.11 and Appendix 2 of the Collective Agreement.

At the outset of the hearing, the parties agreed that I had jurisdiction to deal with this matter and they requested that I issue a “without precedent” decision with no reasons.

The grievor in this matter alleges that the employer has violated article 6 of the collective agreement by assigning overtime to temporary employees before asking full-time employees. During the mediation-arbitration process, the employer provided documents indicating that no temporary employees worked on the days in question.

Having carefully considered the submissions of the parties, I have concluded that there is no violation of the collective agreement. Accordingly, the grievance is dismissed.

Dated at Toronto this 4^th^ day of December 2003.