GSB#2009-2805

UNION#2009-0163-0032

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Tymecki)

Union

• and -

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

Employer

BEFORE

Reva Devins

Vice-Chair

FOR THE UNION

Jean Chaykowsky Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Deborah Grove Liquor Control Board of Ontario HR Manager

Rafik Louli Liquor Control Board Of Ontario District Manager

HEARING

February 18, 2011.

Decision

1The parties have agreed to an expedited mediation-arbitration process to effect timely disposition of grievances. The parties specifically agreed that this matter was properly referred for expedited mediation-arbitration and that, after a failed mediation effort, the Vice-Chair should issue a written decision that is without prejudice or precedent.

2The Grievor was a casual employee with 5 years seniority in the London geographic posting area. At her request, management agreed to transfer her to a store in Sarnia, which is in a different geographic posting area. The Grievor was rehired in Sarnia at her former rate of pay. However, management denied her request to transfer her seniority on compassionate grounds.

3The parties agreed that there was no collective agreement right that entitled the Grievor to have her seniority transferred, but that it was within management’s discretion to permit it. The Union submitted that the Employer exercised its discretion in an arbitrary, discriminatory and unfair manner. Although unaware of the details of other employee transfers, the Grievor knew of a number of casual employees who were allowed to transfer and retain their seniority in their new location.

4The Employer submitted that it exercised its discretion in accordance with its standard practice that seniority will only be transferred where warranted by exceptional circumstances that have been documented by the employee. In this case, the Grievor wanted to move because her husband found employment in Sarnia. While the Employer was sympathetic to her situation, they considered her request as one that fell within a wide category of cases in which employees request a transfer for personal reasons. There was no evidence that persuaded them that this was an extraordinary circumstance that warranted the exercise of their discretion.

5Having considered the submissions of the parties, I have determined that there is no evidence that the Employer acted in a manner that was arbitrary, discriminatory or in bad faith. Therefore, there is no basis to interfere with their decision not to grant full seniority in this instance.

6The grievance is dismissed.