GSB#2009-0056, 2009-0057, 2009-0058, 2009-0059, 2009-0060, 2009-0626, 2009-2187, 2009-2188, 2009-2189

UNION#2009-0499-0024, 2008-0499-0124, 2008-0499-0123, 2009-0499-0006, 2008-0499-0125, 2009-0499-0023, 2009-0499-0035, 2009-0499-0038, 2009-0499-0042

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Delorme)

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

Pamela LeMaistre Liquor Control Board of Ontario Human Resources Manager

HEARING

January 4 & 5, 2010.

Decision

1The Parties referred the above captioned grievances to mediation/arbitration in accordance with Article 22.11 and Appendix 2 of the Collective Agreement. This arbitration decision is with respect to a number of grievances filed by Mr. Gerry Delorme regarding several Health & Safety/non-disciplinary letters of counsel and miscellaneous other matters.

2A tentative Memorandum of Settlement was reached on January 4, 2010, between the Parties and the Grievor regarding all of the Grievor’s grievances after a considerable period of time was spent discussing various settlement options. The settlement document was agreed to by the Parties and the Grievor, however due to a clerical error regarding the appropriate grievance numbers a redraft was undertaken. Unfortunately, the Grievor had to leave the mediation-arbitration session prior to the document being corrected as it was late in the day. Nevertheless, the Grievor assured the parties that he would sign the document the next morning. When the Grievor arrived the next day, he announced that he would not sign the Memorandum of Settlement and offered no reason whatsoever for this change in mind.

3Following consultations with the Employer and Union representatives, and after taking into consideration the time spent by the Parties in reaching the tentative settlement, I have decided that it is appropriate to make the settlement an order of the Board as per the oral agreement reached between the Grievor and the Parties on January 4, 2010. Accordingly, the disposition of all of the above captioned grievances is as follows:

[a] The Grievor’s vacation bank balance shall be adjusted to reflect an additional 7.5 hours;

[b] The current requirement for the Grievor to supply mandatory medical notes when off sick is rescinded. Notwithstanding the foregoing, the Employer reserves the right to require medical certificates as per article 12.4 of the collective agreement; and

[c] The Employer confirms that any non-disciplinary letters of Counsel issued to the grievor are not kept in the Grievor’s Corporate/Regional file.

4This award resolves any and all issues that were raised or could have been raised with respect to the above-captioned grievances filed by Mr. Delorme.

5I remain seized with respect to the implementation of this award.