GSB# 2003-1541
UNION# OLB357/03
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Liquor Boards Employees’ Union (Foti)
Union
- and -
The Crown in Right of Ontario (Liquor Control Board of Ontario)
Employer
BEFORE
Nimal V. Dissanayake
Vice-Chair
FOR THE UNION
Larry Steinberg Koskie Minsky LLP Barristers and Solicitors
FOR THE EMPLOYER
Alison Renton Counsel Liquor Control Board of Ontario
HEARING
November 23 and December 10, 2004.
Decision
The grievor received a four (4) week suspension without pay for harassing comments towards “A”, another employee at the LCBO, whose identity for these purposes shall not be disclosed. The grievor grieved this four (4) week suspension and his grievance was referred to the Grievance Settlement Board for hearing. Having reviewed the information before me and taking into consideration the provisions of the Human Rights Code and article 2 of the Collective Agreement, I hereby order the following:
The four week suspension shall be reduced to five (5) days and the grievor shall be reimbursed for the remainder of his regular four week period.
The grievor shall issue a written apology to “A” in the form attached hereto as Appendix I.
The grievor and his department shall attend a human rights sensitivity training session, to be selected at the discretion of the employer.
Dated this 13th day of December 2004 at Toronto, Ontario
APPENDIX I
To: “A”
Please accept my apologies for the inappropriate and offensive comments I made to you prior to June 2003. I did not intend to hurt you in any way, and I now realize it was inappropriate for me to make such comments.
I recognize the rights of others within the workplace, and I will endeavour to uphold the principles of the Human Rights Code and the Collective Agreement when dealing with others in the workplace.
Nick Foti