GSB# 2003-3656
UNION# OLB028/04
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Liquor Boards Employees’ Union (Stephenson)
Union
- and -
The Crown in Right of Ontario (Liquor Control Board of Ontario)
Employer
BEFORE
Gerry Lee
Vice-Chair
FOR THE UNION
Dave Loney Grievance Officer Ontario Liquor Boards Employees’ Union
FOR THE EMPLOYER
Pat Houlihan Consultant Liquor Control Board of Ontario
HEARING
February 23 & 24, 2005.
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 failed to appoint him to fill a temporary vacancy in the Warehouse Foreman/Woman classification contrary to articles 1.1, 1.3 & 21 of the collective agreement.
The employer stated that the salary and classification schedules outlined in the collective agreement clearly show dividing lines that designate the various classifications that constitute a class series. When it is decided that it is necessary to make a temporary appointment to fill a temporary vacancy which will last five working days or more, the employer said that they are required to appoint the most senior employee in the next lowest classification in the same class series as required by article 21.5 of the collective agreement. The employer stated that they did not appoint the grievor to the Warehouse Foreman/Woman position as the grievor is classified as a Clerk Grade 3, a position that is not in the same class series.
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 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 3rd Day of May 2005.