GSB#2009-2182

UNION#2009-0499-0064

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Potvin)

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, 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 arbitration is with respect to the grievance of Mr. Shayne Potvin to the effect that

a ten day suspension and final warning imposed upon him for an incident that occurred on July 27, 2009, was, in all of the circumstances, an excessive penalty.

2The Employer’s position in this matter is that the Grievor engaged in an inappropriate, aggressive and intimidating manner towards a co-worker on July 27, 2009. The Employer stated that the grievor had a significant disciplinary record of a similar nature consisting of two 1-day suspensions, one 3-day suspension and one 5-day suspension (later reduced to a one day suspension due to the grievor’s participation in anger management counseling).

3The Union and the Grievor acknowledged that the incident in question did occur, but not to the extent portrayed by the employer and that the imposition of a ten day suspension was too severe.

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 the grievance succeeds to the extent outlined below:

• The ten day suspension and final warning issued to the grievor on September 11, 2009, shall be reduced to a five day suspension given the circumstances surrounding this matter. The Employer is directed to amend their records accordingly and pay the grievor for five days pay, minus regular deductions, to be paid within 30 calendar days of this award.

6I remain seized with respect to the implementation of this award.