GSB# 2004-0764
UNION# OLB209/04
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Liquor Boards Employees’ Union (Hollyman et al.)
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 grievors in this matter allege that the employer violated article 6 of the collective agreement by not asking them to work overtime on April 22, 2004.
The employer’s position in this matter is that the overtime assignment on the aforementioned date was offered to day shift employees and not to the grievors as the work in question was a continuation of the day shift.
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.