Ontario Liquor Boards Employees’ Union (MacVicar) v. The Crown in Right of Ontario (Liquor Control Board of Ontario), 2004 CanLII 55395

GSB# 2003-0659, 2003-1722, 2004-0306

UNION# OLB165/03, OLB380/03, OLB235/04

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Liquor Boards Employees’ Union (MacVicar)

Grievor

• and -

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

Employer

BEFORE

Daniel Harris

Vice-Chair

FOR THE UNION

Kourosh Farrokhzad Engelmann Gottheil Barristers and Solicitors

FOR THE EMPLOYER

Alison Renton Counsel Liquor Control Board of Ontario

HEARING

May 14, 2004.

Decision

There are three grievances before the Board filed by Andrew MacVicar dated April 16, July 18, 2003 and April 14, 2004, respectively. At their root, they each seek remedies amounting to accommodation pursuant to the Ontario Human Rights Code. These matters came on for hearing in Ottawa on May 14, 2004.

The Parties made joint legal and factual submissions relating to the grievor’s circumstances and the context within which the grievances were filed. Based upon the unique circumstances presented by these matters, the Board orders as follows:

1. The Grievor is to be placed in the permanent full-time position of Warehouse Worker 3 effective April 26, 2004;

2. The Grievor’s full time seniority date is April 26, 2004;

3. The Employer is not to schedule the Grievor on the afternoon shift for the remainder of the six month probationary period, deemed to have commenced April 26, 2004;

4. The Grievor is permitted to switch any scheduled afternoon shifts with other workers for two years following the date of this order as an accommodation pursuant to the Ontario Human Rights Code and the collective agreement;

5. If the Grievor experiences difficulty in effecting the shift changes anticipated above, he is to discuss such difficulties with the manager of the facility;

6. The issue of shift swapping will be re-assessed after two years of the date of this order;

7. The letter of counsel dated July 5, 2003, is ordered removed from the Grievor’s files;

8. Vice-Chair Harris remains seized to deal with any issues arising from the implementation of this order, including, but not limited to, paragraph 5 above.

Dated at Toronto this 18th day of May, 2004.