GSB#2009-0898

UNION#2009-0164-0014

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Wilson et al)

Union

• and -

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

Employer

BEFORE

Gerry Lee

Vice-Chair

FOR THE UNION

Jean Chaykowsky Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Mark Wagner Liquor Control Board of Ontario Human Resources Manager

HEARING

August 28, 2009.

Decision

1The 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 March 25, 2009.

2The Grievor’s in this matter claim that they should have been asked by the employer to work overtime form midnight to 4am on March 25, 2009, before temporary agency workers were asked to work such overtime.

[3} The Employer’s position in this matter is that the Grievors are not entitled to work overtime on the day in question as they normally work day shift and the overtime work in question was an extension of the night shift. The Employer further stated that their methodology in distributing overtime in this manner is consistent with the collective agreement and has been in place for many years.

4At 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.

5Having carefully reviewed the submissions of the parties, I have concluded that there is no violation of the collective agreement. Accordingly, the grievance is dismissed.