GSB#2002-1895
UNION#OLB357/02
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 grievance to mediation/arbitration in accordance with Article 22.11 and Appendix 2 of the Collective Agreement. The grievor in this matter alleges that the employer has violated article 6.6 (b) of the collective agreement by failing to ask him to work overtime on August 27, 2002, while temporary employees performed the work in question. The employer provided documentation during the mediation-arbitration session that indicated that there were no temporary employees working overtime on the aforementioned date.
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.
Having carefully reviewed the evidence and 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 4th day of December 2003.