Ontario Public Service Employees Union (Nunes) v. The Crown in Right of Ontario (Liquor Control Board of Ontario), 2010 CanLII 64233

GSB#2009-1514

UNION#2009-0378-0022

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Nunes)

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

Neil Lenihan Liquor Control Board of Ontario Human Resources Services Manager

HEARING

September 2, 2010.

Decision

1The parties referred the above captioned grievance to mediation/arbitration in accordance with Article 22.11 and Appendix 2 of the Collective Agreement. This decision is with respect to the grievance of Mr. Luis Nunes who is employed as an Operator in the Control Room at the LCBO’s Whitby warehouse location. The Grievor claims that he should have been asked in to perform overtime on the dayshift on February 25, 2010.

2The Employer’s position in this matter is that the Grievor was scheduled to work the 3:30 to 11:30pm afternoon shift on February 25, 2010. The Employer stated that two dayshift operators had been scheduled to attend a Safety Training course on that day. The Employer stated that they used a Warehouse Worker 4 who had worked as an Operator on a temporary basis before to perform the work and paid him the Operator’s rate of pay for the day. The Employer stated by scheduling this way, they avoided the need for the Grievor to work a double shift and pay overtime to the Grievor.

3At the outset of the hearing, the parties agreed that I had jurisdiction to deal with this matter. Following extensive and well presented details of the facts and circumstances surrounding this dispute by both parties’ representatives, I am of the view that it is not necessary to set out their positions in any further detail. Accordingly, I will render a succinct “bottom line decision” disposing of this matter.

4Having carefully considered the submissions made by the parties during the course of our mediation-arbitration session and after a review of all of the documentary evidence presented, the grievance is hereby dismissed.