GSB# 2004-0358
UNION# OLB399/01
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Liquor Boards Employees’ Union (Sutherland et al.)
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
May 17, 2004.
Decision
The parties referred the above captioned group grievance to mediation/arbitration in accordance with Article 22.11 and Appendix 2 of the Collective Agreement. The grievors are employed as Stationary Engineers with the LCBO and filed a grievance on September 10, 2001, alleging that the employer violated articles 49.2 and 37.6 of the collective agreement with respect to their rate of pay.
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 parties entered into a Letter of Agreement dated August 13, 2003, in order to deal with the issues raised in the grievance. Paragraph 7 of this agreement states:
The Union as the employees’ agent and on its own behalf accepts this agreement as constituting a complete and final agreement of all matters raised on this issue.
There was no evidence presented by the union claiming that the employer had failed to fully comply the terms specified in the Letter of Agreement. The Letter of Agreement in this case is crystal clear. It was signed by both parties and was explicitly intended to be a complete and final agreement of the matters in dispute. Accordingly, having carefully considered the evidence and submissions of the parties, the grievance is dismissed.
Dated at Toronto this 6th day of July 2004.